bluuebunny/crossref_metadata_2025 huggingface dataset:
7. Vitiating Factors
Authors: Jones Lucy
Published: August 2017

A contract may meet the necessary formation requirements of offer and acceptance, consideration, and intention to create legal relations, but still not be binding because it lacks other necessary factors. These invalidating factors are sometimes referred to as ‘vitiating factors’. This chapter discusses statements that constitute actionable misrepresentations; the difference between fraudulent, negligent, and innocent misrepresentation; the remedies available for each type of misrepresentation; and the effect a misrepresentation will have on the validity of a contract. The chapter considers types of mistake and when a court will regard a mistake as an operative mistake rendering the contract void. It also considers how duress and undue influence may arise, the presumptions relating to undue influence, and whether the presence of duress and undue influence will make a contract voidable. Finally, the chapter considers types of contract that are illegal under statute and under common law.
11. The Tort of Negligence
Authors: Jones Lucy
Published: August 2017

This chapter discusses the difference between the Law of Torts and Contract and Criminal Law. It explores the tort of negligence, considering the necessary elements for a claim of negligence, namely the defendant owed the claimant a duty of care, the defendant breached that duty of care, and reasonably foreseeable damage was caused by the breach of duty. The chapter considers the special requirements for the recovery of pure economic loss and for loss as a result of psychiatric injuries, looking at both primary and secondary victims. The principles relating to breach of a duty of care, including the standard of care, are discussed. The chapter concludes with a discussion of the final element, considering the need for a causal link between the breach of duty by the defendant and the damage suffered by the claimant.
16. Company Law I Formation and Finance
Authors: Jones Lucy
Published: August 2017

This chapter explains how companies limited by shares are formed and looks at the contents of companies’ constitutions. The discussions cover the role of promoters in setting up a company and the meaning of a company ‘off the shelf’. The chapter examines the steps and documentation necessary to register a new company limited by shares and the rules relating to a company’s name. It discusses the constitutional documents of a company and the rules relating to its constitution. The chapter concludes with a discussion of the financing of companies. It examines the different types of shares and the issuing of shares. It also considers debentures and charges.
18. Company Law III Company Meetings, Shareholder Protection, and Liquidation of Companies
Authors: Jones Lucy
Published: August 2017

This chapter discusses the different types of company meetings and how meetings are convened and managed. It examines the different types of resolutions that may be made by shareholders both at meetings and outside meetings, and the rights of shareholders to propose their own resolutions. It explains the difference between voting by a show of hands and voting by poll. It considers the protection given by law to minority shareholders. It discusses the meaning of insider dealing and market abuse and the penalties they attract. The chapter concludes with a discussion of methods by which a company can be wound up and the meaning of wrongful and fraudulent trading.
20. Study Skills
Authors: Jones Lucy
Published: August 2017

This chapter presents guidelines on how to study law effectively and approach assignments and examinations. The discussions cover the efficient management and organization of study time and how to best take advantage of lectures, tutorials, and seminars. It explains the importance of developing the technical skills of good note-taking for formal teaching sessions and for private reading. It highlights the importance of summarising and referencing text. The chapter explains how and where case reports and statutes can be located, both electronically and on paper. Advice is given on how to approach essay and problem-based assignment questions. The chapter concludes with a discussion on preparation for exams.
1. Constitutional Law in the United Kingdom
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter introduces the idea of a constitution, analyses its various definitions and characteristics, and explores the specific nature of the UK's constitutional arrangements. It then examines the key concepts of legitimacy, democracy, legal and political constitutionalism, the conditioning of power (via the principles of the separation of powers and responsible government), and the state.
3. The Rule of Law
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter discusses the constitutional principle of the rule of law. First the rule of law is introduced, and then Dicey's understanding of it, and criticism of this, is considered. The difference between formal and substantive understandings of the rule of law is discussed, then the rule of law as a broad political doctrine, and finally what is meant by the idea of government according to law in the UK.
5. The Royal Prerogative and Constitutional Conventions
Authors: Thompson Brian , Gordon Michael
Published: August 2017

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter reviews the royal prerogative and constitutional conventions, and the relationship between these two sources of constitutional rules. It identifies the various types of prerogative power, and the attempts to place such powers on a statutory basis, including in the Constitutional Reform and Governance Act 2010, and the Fixed-term Parliaments Act 2011. It also examines attempts to codify constitutional practice, including the Crown's personal prerogative of the appointment of the Prime Minister in the Cabinet Manual. The discussion moves on to constitutional conventions as a source of the constitution, their relationship with law, and their nature as rules of political behaviour. The chapter considers the treatment of conventions in the courts, and whether they can obtain legal force. Finally, the chapter discusses the codification of conventions.
9. Vicarious Liability and Non-Delegable Duties
Authors: Steele Jenny
Published: August 2017

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores vicarious liability, a form of secondary liability which operates most often in the employment context, and non-delegable duties. It begins by outlining the nature and structure of vicarious liability before turning to two requirements of sufficient relationship and sufficient connection with the tort. It then explains possible justifications for vicarious liability, the relationship criterion, and the notion of ‘close connection’ as it has been developed through key recent cases.
Criminology
Authors: Jones Stephen
Published: August 2017

This expanded sixth edition of Criminology provides the reader with a clearly expressed and concise analysis of the main sociological and psychological theories of crime and deviance. It is written on the basis that, to facilitate understanding, it is necessary to provide a full account of the historical background and development of these theories. The book also contains an extensive discussion of the perception and nature of crime. It has been completely updated with the significant developments in key areas such as criminal statistics, and the latest research in the scientific study of behaviour. The book is written in a clear and readable style that helps students understand even complex aspects of criminology. In drawing on a wide range of research, the author seeks to ask the right questions, rather than provide definitive answers. The book is thoroughly referenced, providing plenty of opportunity for further reading for those interested in researching the area in more detail.
5. Crime and the environment
Authors: Jones Stephen
Published: August 2017

This chapter discusses the first significant efforts to study both the environments in which crimes occurred and the areas in which the criminals lived. This type of study was to establish a tradition that began to take hold throughout Europe before entering its best-known period in the hands of the Chicago Ecologists. The ills of society, including crime and disorder, were perceived as emanating from the ‘dangerous’ classes. They were considered as vicious and depraved, and, after the writings of Charles Darwin, it became easier even for educated opinion to portray them as a race apart. Any defects in morality were also attributed to the appalling conditions in which one had to live.
6. Poverty, anomie and strain
Authors: Jones Stephen
Published: August 2017

This chapter discusses the common and understandable belief that poverty can be a significant factor underlying offending. It considers first the research evidence connecting crime with poverty and unemployment, and then takes a wider view of the ways in which the structuring of society can create pressures on individuals to break the law. From the earliest times, people have sought to equate crime with poverty. If this belief is correct, there should be more crime in areas where more poor people live and at times when overall levels of poverty are higher. It was not until the development of national crime statistics in the nineteenth century that any evaluation could be made of this widely held view.
10. Realist criminology and victims
Authors: Jones Stephen
Published: August 2017

This chapter focuses on realist criminology, a phenomenon that appeared under different names in Britain and the USA during the 1980s. Just as with the re-emergence of interactionism and the development of the ‘new criminologies’ in the 1960s, realist criminology owes much to the political background of the day: what is sometimes referred to as the ‘Reagan–Thatcher Decade’, with right-wing governments in both countries. In such a climate, it is hardly surprising that little interest was shown in considerations of why people commit crimes, but great interest was shown in doing something about it. Out of this, two ‘realisms’ have emerged: a ‘Right Realism’ and a ‘Left Realism’.
16. Violent, aggressive and sexual offences
Authors: Jones Stephen
Published: August 2017

This chapter shows that, although psychological explanations have been used to explain various types of criminal or deviant behaviour, it is violent and sexual offences that are most frequently subjected to analysis. Many crimes involve behaviour that was formerly considered perfectly acceptable, but which society has subsequently decided to criminalise. However, psychological theories are particularly suitable for explaining unusual behaviour that often appears aggressive and is likely to be deprecated in most countries. Some may indulge in a range of criminal offences that many people find easy to understand, if not condone: crimes against property-which make up the bulk of recorded criminal offences-being perhaps the best example of this. Despite the fact that violence was far more common in earlier centuries, many people nowadays find excessively violent and sexual crimes far more difficult to comprehend.
And finally …
Authors: Jones Stephen
Published: August 2017

In this book, consideration has been given to various theories which have been put forward as to why people commit crimes. Some of these explanations claim that they can account for all criminality; others are more modest in their ambition. Some theories locate the primary source of criminality within the individual; others consider that aspects of the organisation of society are mainly responsible. The theories have been fully discussed in the main body of the book and there is no need to summarise them here. Some criminologists, especially in the USA, have tried to create integrated theories, combining both individual and societal explanations (for example, ...
1. Legislation
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter first considers the process by which Acts of Parliament come into being. It then turns to delegated legislation — that is, law that is made by other bodies under Parliament's authority. Next, it looks at EU legislation, which had an increasingly significant effect from the time that the UK joined the European Economic Community in 1973. It explains the various institutions of the EU and their role in the law-making process; the different types of EU legislation; and the circumstances in which individuals may use them in domestic courts, pre-Brexit. Finally, the chapter discusses the impact of the European Convention on Human Rights and the Human Rights Act 1998.
5. Finding cases
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

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.
7. Books, journals, and official publications
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners' books, legal encyclopaedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, bills, parliamentary papers, parliamentary debates, Law Commission reports) among the secondary sources which may be encountered during legal studies.
10. Writing skills
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter outlines the elements of good written English with particular emphasis on the way that language is used in academic legal writing. It includes sections on language, grammar, and punctuation as well as practical guidance on matters such as selecting quotations and writing in a concise manner so as to keep within the word limit.
13. Essay writing
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter focuses on essay writing. Earlier sections of the book outlined techniques for locating and understanding primary and secondary legal sources. The chapter builds upon those skills by exploring the ways that this source material can be used in coursework. It guides students through the stages of planning, research, and construction of an essay, with practical advice on interpreting the question and producing a structured response that demonstrates the required skills and knowledge.
14. Dissertations
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

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.
15. Answering problem questions
Authors: Finch Emily , Fafinski Stefan
Published: August 2017

This chapter focuses on the skills needed to use the law to answer a problem question. It guides students through the process of analyzing a scenario in order to identify the relevant issues to ensure that their answers are comprehensive and do not miss any important points. It outlines strategies to ensure that the law is applied effectively and that good use is made of supporting authorities.
5. Special duty problems: public bodies
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

Public bodies have extensive powers to act for the public benefit but often have limited resources. Difficult decisions have to be made, and if those decisions are wholly unreasonable they may be corrected by judicial review; that is, by public law remedies. A more difficult question is whether failure by a public body provides a private right of action to someone harmed (or not benefited) by the decision. While the general principles of duty of care apply (that is, proximity and whether it is fair and just to impose liability), there are several limitations on the liability of public bodies in negligence. This chapter first discusses the special common law principles applicable to the exercise of discretion by public bodies. It then considers specific problematic areas, including the difficulties involved in establishing duties of care by the emergency services before examining the effect of the Human Rights Act 1998 in establishing obligations owed directly by the state.
6. Special duty problems: economic loss
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter deals with negligence that causes only economic loss. The basic rule is that a person may sue for economic loss which is consequent on physical loss which that person has suffered, but may not if they have only suffered economic loss by itself. There may be exceptions to this rule where there is sufficient proximity between the parties, and one element in this may be reliance by the one on the other. Though there is a general rule that no liability can arise in respect of ‘pure’ economic losses, there is also a broader exception that can arise when such loss happens as a result of a statement being made (rather than an act done), developed from the famous case of Hedley Byrne v Heller.
10. Occupiers’ liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

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.
14. Invasion of privacy
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.
18. Vicarious liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

Vicarious liability is a system whereby an employer is liable for the torts of his employees committed in the course of employment. The principle of placing liability on the employer as well as upon the individual tortfeasor is mainly justified by the concept of loss distribution; that is, that the employer will usually be better able to distribute the loss, either through insurance or through his customers. This chapter begins with a definition of an employee. It then discusses the liability of the employee; how an employer is liable for the torts of his employee only if the act is committed ‘in the course of his employment’; and liability for independent contractors.
7. Special duty problems: economic loss
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter explains when and how the courts have found that a duty of care should be owed by defendants for purely economic loss. 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].
8. Breach of duty: the standard of care
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter focuses on the second of the requirements necessary to establish a claim in the tort of negligence—breach of duty. Breach occurs where a defendant has fallen below the particular standard of care demanded by the law. This is largely an objective test and is determined by comparing the actions of the defendant to those imagined to be done in the same circumstances by the so-called ‘reasonable man’.
10. Defences to negligence
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses three key defences in the tort of negligence: voluntary assumption of risk (consent or volenti non fit injuria), contributory negligence and illegality. The defence of voluntary assumption of risk is based on the commonsense notion that ‘one who has invited or assented to an act being done towards him cannot, when he suffers it, complain of it as a wrong’. The defence of illegality denies recovery to certain claimants injured while committing unlawful activities. Contributory negligence is a defence that operates not to defeat the claimant’s claim entirely but rather to reduce the amount of damages the defendant must pay.
13. Employers’ liability
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter discusses employers’ liability and, in particular, the non-delegable duty of care, which employers owe to their employees. It is typically said to have four components (building on Lord Wright’s statement in Wilsons & Clyde Coal Co Ltd) comprising the provision of: a competent workforce; adequate material and equipment; a safe system of working (including effective supervision); and a safe workplace.
14. Breach of statutory duty
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987 where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.
16. Invasion of privacy
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.
17. Defamation
Authors: Horsey Kirsty , Rackley Erika
Published: August 2017

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.
10. The Legal Professions
Authors: Gillespie Alisdair , Weare Siobhan
Published: August 2017

This chapter explains what the legal professions are, what they do, and how to qualify as a member of the professions. It examines the rules governing practice as a member of the professions and, in particular, the issue of ethical behaviour. There are two principal branches to the legal profession in England and Wales. The first consists of barristers and the second of solicitors. There are three stages to qualifying as a member of either profession. The first is the academic stage and involves passing either a qualifying law degree or the Graduate Diploma in Law. The second stage is vocational education, either the Bar Professional Training Course (for barristers) or Legal Practice Course (for solicitors). The final stage is work-based training consisting of either pupillage (for barristers) or a training contract (for solicitors). The chapter also discusses the emergence of CILEX as a third branch of the profession.
8. Legal research
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter first explains the purpose of legal research. It then discusses approaches and strategies for carrying out legal research, which include planning, research techniques, updating, and recording and presenting research. It also considers primary and secondary sources of legal material.
15. Essential economics and finance
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: August 2017

This chapter focuses on the economic and financial environment, looking at the basics of economics, financial markets, and the major players within those markets. It examines the fundamentals of money and finance: what money is, how to organise and account for it, and what happens when things go wrong. It also discusses the potential political, social, and economic impact of Brexit.
5. The data protection principles
Authors: Lloyd Ian J.
Published: August 2017

This chapter focuses on the data protection principles under the Data Protection Act 1998. It considers to what extent and under what conditions a data controller may lawfully process personal data. Use may take a variety of forms and will include disclosure of data to a third party. It also looks at the operation of the principle requiring users to adopt appropriate security measures.
12. Virtual criminality
Authors: Lloyd Ian J.
Published: August 2017

This chapter examines the law on virtual crimes, including those covering Internet pornography, photographs and pseudo-photographs, and multimedia products. It discusses the difficulty of applying localised concepts of obscenity—which are dictated by cultural, religious, and societal values—in the global environment of the Internet. It also considers the issue of cyber bullying and harassment. It is shown that nation states have difficulty enforcing their own policies regarding what is or is not acceptable. However, matters assume a different perspective when there is a commonality of approach between the jurisdiction where material is hosted and where it is accessed. In this, the Council of Europe Convention on Cybercrime is a significant, albeit limited, development.
3. The draft contract
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2017

This chapter considers various issues relating to drafting a contract. These include preparatory steps by seller’s practitioner; formation of the contract; contents of the contract; sales of part; and special considerations.
18. Requests for further information
Authors: Sime Stuart
Published: August 2017

A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.
50. Appeals
Authors: Sime Stuart
Published: August 2017

This chapter considers the structure of non-family civil appeals. It covers routes of appeal; permission to appeal; time for appealing; procedure on appealing; respondent’s notice; applications within appeals stay; striking out appeal notices and setting aside or imposing conditions; hearing of appeals; appeal court’s powers; appeals by way of case stated; and appeals to the Supreme Court.
4. Taking instructions and other initial matters
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter discusses initial activities in the conveyancing process including advising joint buyers on co-ownership; advising buyers to have a survey of the property carried out before exchange of contracts; estate agents; capital gains tax; stamp duty land tax; client care and advice on costs; professional conduct; the Law Society’s National Conveyancing Protocol; and advising on finance.
6. Pre-contract searches and enquiries
Authors: Abbey Robert , Richards Mark
Published: August 2017

This chapter examines pre-contract searches and enquiries. Searches are requests for information about the subject property made by conveyancers that are sent to various agencies that hold that information, like local authorities. Enquiries are questions about the subject property that are sent to a seller to answer. These are interesting and important subjects within the conveyancing process and cover a lot of points that can be of considerable consequence to a buyer.
8. Deducing and investigating title
Authors: Abbey Robert , Richards Mark
Published: August 2017

Deducing title is the process by which the seller demonstrates to the buyer that the seller owns the property and can convey it. In a modern conveyancing transaction the parties will deduce and investigate title before contracts are exchanged. This chapter explains the process of deducing title; investigating title; and some special title situations.
2. A modern litigation approach
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter begins with a discussion of civil litigation reform, focusing on the purpose of civil litigation; the Civil Procedure Rules (CPR) and the implementation of Lord Jackson’s proposals; and key features of civil practice in the courts. It then considers the concept of the overriding objective; and human rights and civil litigation.
12. Case management
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter considers the way in which the court ‘actively manages’ cases. All disputed cases are subject to a level of court management and enforcement of its directions orders. The chapter provides an understanding of the time at which active case management commonly occurs and explains the following: the ethos of case management; allocation (to track); case management directions through the tracks; and the ways in which the court will seek to ensure that its orders for the management of a case are complied with.
13. Interim applications—general considerations
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

An interim application is any application made to the court that requires a judicial decision. This is usually in the time between a case being issued and the final trial or determination of the action. This chapter considers the nature of interim applications; interim applications made with and without notice, and those made with and without a hearing; common procedure; and time estimates.
14. Interim applications—common types
Authors: Cunningham-Hill Susan , Elder Karen
Published: August 2017

This chapter considers the interim applications that a legal representative may most often come across in practice. It looks at both the procedure for the specific interim application, as well as the form of the evidence needed to make or oppose it. The interim applications considered here include: an application to set aside default judgment; summary judgment; interim payment; an application for specific disclosure; an application for security for costs; and an application for an injunction.
8. Corporation tax
Authors: Wright Kathryn , Firth Clare , Crompton Lucy , Fox Helen , Seabridge Frances , Wigglesworth Susan , Smart Elizabeth
Published: August 2017

All companies incorporated in the UK which actively carry on business are liable to pay corporation tax (CT) on their taxable profits. This chapter considers the charge to CT with particular focus on calculating chargeable income profits and allowable deductions; the treatment of company capital gains and capital losses; trading loss relief; capital allowances; and close companies.
23. Appeals
Authors: Hannibal Martin , Mountford Lisa
Published: August 2017

This chapter explains the practice and procedure involved in appealing against a decision of the magistrates’ court or the Crown Court. The discussions include the reopening of a case; appeal to the Crown Court; appeal by way of case stated; judicial review; appeal against sentence from the Crown Court; appeal to the Supreme Court; the Criminal Cases Review Commission; and whether the prosecution enjoys a right to appeal.
6. The partnership agreement
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter focuses on provisions that may be included in a partnership agreement. It first considers whether a formal, written agreement is necessary at all. It then discusses the clauses of the partnership agreement and the issues which a prospective new partner might wish to consider before putting his signature to a partnership agreement.
7. Limited companies—an introduction
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.
30. Shareholders’ agreements
Authors: Slorach J. Scott , Ellis Jason
Published: August 2017

This chapter considers shareholders’ agreements. It discusses the advantages of a shareholders’ agreement; drafting a shareholders’ agreement; legal limits on the use of shareholders’ agreements; and enforcing the agreement.
3. Legal writing
Authors: Webb Julian , Maughan Caroline , Maughan Mike , Keppel-Palmer Marcus , Boon Andrew
Published: August 2017

This chapter discusses the skills needed for effective legal writing. It focuses on the ‘Plan, Write, Revise’ approach to effective writing; strategies for developing the ability to write plain English; how to vary language and style to suit the needs of readers; and being self-critical and continuing to develop writing skills.
7. Parties to crime
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the meaning of accomplices, vicarious liability, and corporate liability. All the parties to a crime are accomplices. The person who perpetrates the crime is referred to as the principal. Others, not being principals, who participate in the commission of an offence are referred to as accessories or secondary parties and will be liable to conviction if it is proved that they aided, abetted, counselled, or procured the commission of the crime by the principal. Vicarious liability is a form of strict liability arising from the master–servant relationship, without reference to any fault of the employer. A corporation is a legal person and therefore may be criminally liable even though it has no physical existence and cannot act or think except through its directors or servants.
8. Inchoate offences
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses inchoate crimes. A person does not break the criminal law simply by having evil thoughts. Where, however, a person takes steps towards effecting that plan to commit a substantive offence, he may in the process commit one of the inchoate crimes of attempt, conspiracy, or encouraging or assisting the commission of an offence.
12. Offences under the Theft Acts 1968 and 1978: Theft and related offences
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences under the Theft Acts of 1968 and 1978. It covers theft, abstracting electricity, robbery, and offences involving temporary deprivation.
13. Fraud
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the offence of fraud, covering offences under the Theft Acts and offences under the Fraud Act (FA) 2006. The FA 2006 repealed various sections of the TA 1968 and TA 1978, replacing a number of individual offences based on deception with the offence of fraud which may be committed in three ways. It also creates the offence of dishonestly obtaining services to replace the offence of obtaining services by deception under s. 1 of the TA 1978. These offences are designed to overcome problems in the old law and to simplify the law.
14. Further offences under the Theft Acts
Authors: Allen Michael J. , Edwards Ian
Published: August 2017

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the following offences: making off without payment; burglary; aggravated burglary; blackmail; handling stolen goods; and dishonestly retaining a wrongful credit.
2. Actus reus
Authors: Child John , Ormerod David
Published: August 2017

This chapter provides an overview of actus reus, which refers to the ‘external elements’ of an offence. An actus reus is not simply about the movements of the accused, that is, her conduct. Rather, it includes any offence requirement that is external from the mind of the accused: anything that is not mens rea. Before discussing the elements that form the actus reus, this chapter considers the distinction between actus reus and mens rea. It then describes the three elements of actus reus: conduct, circumstances, and results. It also explains the categories of actus reus offences, omissions liability, and causation before concluding with sections that outline potential options for legal reform and a structure for analysing the actus reus of an offence when applying the law in a problem-type question. Relevant cases are highlighted throughout the chapter, with a brief summary of the main facts and judgment.
6. Manslaughter
Authors: Child John , Ormerod David
Published: August 2017

This chapter focuses on manslaughter, a common law homicide offence with an actus reus of unlawful conduct causing death. The spectrum of conduct and mens rea attracting liability for manslaughter covers all unlawful killings that fall short of murder. The chapter considers two categories of manslaughter: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter arises where D commits murder, but meets the criteria for one of the partial defences: loss of self-control, diminished responsibility, or suicide pact. Involuntary manslaughter arises where D does not commit murder, but commits a relevant manslaughter offence: unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. The chapter explains statutory offences of unlawful killing (corporate manslaughter, driving causing death, infanticide, killing of a foetus) and concludes by outlining options for legal reform concerning voluntary manslaughter, involuntary manslaughter, and the structure of manslaughter offences. Relevant cases are highlighted with a summary of the main facts and judgment.
12. Parties to crime
Authors: Child John , Ormerod David
Published: August 2017

This chapter examines the criminal liability of parties to a crime. Where D involves herself in the crime of another, and that crime is completed, D may not just be liable for her inchoate role, but may be additionally liable as an accomplice. As such, she is labelled and punished in the same way as the principal. This chapter begins with an overview of the current law of complicity and the circumstances where uncertainty can emerge in determining whether D is a principal or an accomplice. It then considers the elements of complicity by aiding, abetting, counselling, or procuring; the abolition of complicity by joint enterprise; the relationship between complicity and inchoate liability; and available defences. It outlines options for legal reform concerning complicity and the potential application of complicity within a problem question. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.
Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law
Authors: Ormerod David , Laird Karl
Published: August 2017

Smith, Hogan, and Ormerod’s Criminal Law: Text, Cases, and Materials is a guide to the criminal law. The text is supplemented by extracts from the key criminal law cases, together with other essential materials from statutes, reports, and articles. This edition has been significantly revised and restructured to present the materials in an order that closely matches the structure of contemporary courses on criminal law. The latest legislation and all of the recent cases that continue to shape the law are included. The book has, from the first edition, examined all the aspects of the criminal law that would be expected to be found in the undergraduate syllabus, and has been revised and restructured to ensure that this latest edition reflects the modern undergraduate course.
2. The elements of a crime
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter focuses on the meaning of actus reus and mens rea. It explains the constituents of an actus reus; the requirement of an act; the coincidence of actus reus and mens rea; and criminal liability without an act.
3. Causation
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter discusses a general approach to issues of causation in criminal law. Causation is an important feature in the study of crimes. It is especially so in cases of strict liability where, in the absence of mens rea elements, disputes over causation become the most critical issue in determining liability. The chapter examines some recent Supreme Court judgments in which the court has emphasized the important relationship between causation and fault.
9. Involuntary manslaughter
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines those types of manslaughter committed where the defendant lacks the mens rea for murder—called involuntary manslaughter. It considers whether the unlawful act manslaughter offence is too wide because there is minimal subjective fault required; whether the unlawful act manslaughter offence is too vague; whether a supplier of drugs can be liable for manslaughter if V dies from having taken them; and whether gross negligence manslaughter infringes the European Convention on Human Rights (ECHR).
15. Burglary and related offences
Authors: Ormerod David , Laird Karl
Published: August 2017

This chapter examines the offence of burglary in addition to a number of related offences. It is a statutory offence that turns on the defendant having been a trespasser at the time he entered the building in question. The chapter examines how this term has been interpreted by the courts and also examines some other key issues that have arisen over the years, such as the definition of ‘building’. The chapter also examines a number of related offences.
5. Witnesses’ previous consistent statements and the remnants of the rule against narrative
Authors: Munday Roderick
Published: August 2017

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the rule excluding previous consistent statements; evidence-in-chief delivered by video recording (Criminal Justice Act 2003, s 137); statements made by the accused when first taxed with incriminating facts; and statements made by the accused when incriminating articles are recovered.
5. Proof without evidence
Authors: Glover Richard
Published: August 2017

This chapter examines cases in which a court will, or may, find facts in issue or relevant facts established without requiring proof by means of evidence. Specifically, it considers cases in which: (a) facts are formally admitted for the purpose of the proceedings, i.e. are taken to be proved without the need for evidence; (b) notorious or readily demonstrable facts are noticed judicially by the court, i.e. are facts of which the court will acknowledge the truth without the necessity for proof; and (c) facts are presumed in favour of the party asserting them, i.e. where a party proves one fact (the primary fact) and a second fact (the presumed fact) will also be taken to have been proved, in the absence of evidence to the contrary.
7. Examination in chief
Authors: Glover Richard
Published: August 2017

Examination in chief is the process whereby a party, who has called a witness to give evidence on his behalf, elicits from that witness evidence relevant to the issues and favourable to the examiner’s case. This chapter discusses the following: the nature and conduct of examination in chief; memory-refreshing by the witness; previous consistent statements; identification evidence; the Turnbull Guidelines on identification; unfavourable and hostile witnesses; and presentation of evidence by non-traditional means. The courts make increasing use of ‘special measures’ to assist witnesses in giving evidence, for example, through the use of intermediaries, live links and Achieving Best Evidence interviews.
8. Negligence and lawyers
Authors: Herring Jonathan
Published: August 2017

This chapter examines the circumstances in which a barrister and solicitor can be sued in negligence or for breach of contract. Clients can sue a solicitor based on the law of contract, the law of fiduciary duty, and the law of negligence. In general, a client is going to face an uphill battle in suing a solicitor or barrister. In relation to a breach of contract, it can be difficult to establish the breach of reasonable skill. In relation to negligence, proving breach of a duty of care and the causation of a loss is problematic.
3. The EU’s political institutions
Authors: Peers Steve
Published: August 2017

This chapter examines the possible tension between democracy and effectiveness in the context of the EU’s political institutions: the European Parliament, the European Council, the Council, and the Commission. To this end, it examines in turn the composition, powers, and functioning of each of these institutions, comparing them to national systems and assessing their democratic accountability and the effectiveness of their functioning. It shows that the role of various EU institutions has evolved over time - in particular to strengthen the legislative role of the European Parliament, and that body’s control over the Commission.