bluuebunny/crossref_metadata_2025 huggingface dataset:
Street v Mountford [1985] AC 809, House of Lords
Authors: Nair Aruna
Published: September 2022

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Street v Mountford [1985] AC 809, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal
Authors: Nair Aruna
Published: September 2022

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Norgan [1996] 1 WLR 343, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Moncrieff v Jamieson [2007] UKHL 42, House of Lords
Authors: Nair Aruna
Published: September 2022

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Moncrieff v Jamieson [2007] UKHL 42, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords
Authors: Nair Aruna
Published: September 2022

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Sovmots Investments Ltd v Secretary of State for the Environment [1977] QB 411, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Home Office v Dorset Yacht Co. Ltd [1970] AC 1004
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Home Office v Dorset Yacht Co. Ltd [1970] AC 1004. The document also included supporting commentary from author Craig Purshouse.
Caparo Industries plc v Dickman [1990] 2 AC 605
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Caparo Industries plc v Dickman [1990] 2 AC 605. The document also included supporting commentary from author Craig Purshouse.
Page v Smith [1996] 1 AC 155
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Page v Smith [1996] 1 AC 155. The document also included supporting commentary from author Craig Purshouse.
Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rothwell v Chemical & Insulating Co. Ltd [2008] 1 AC 281. The document also included supporting commentary from author Craig Purshouse.
Smith v Eric S Bush [1990] 1 AC 831
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith v Eric S Bush [1990] 1 AC 831. The document also included supporting commentary from author Craig Purshouse.
Bolton v Stone [1951] AC 850
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolton v Stone [1951] AC 850. The document also included supporting commentary from author Craig Purshouse.
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolam v Friern Hospital Management Committee [1957] 1 WLR 582. The document also included supporting commentary from author Craig Purshouse.
Bolitho v City and Hackney HA [1998] AC 232
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bolitho v City and Hackney HA [1998] AC 232. The document also included supporting commentary from author Craig Purshouse.
Tomlinson v Congleton BC [2004] 1 AC 46
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tomlinson v Congleton BC [2004] 1 AC 46. The document also included supporting commentary from author Craig Purshouse.
Wilkinson v Downton [1897] QB 57
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wilkinson v Downton [1897] QB 57. The document also included supporting commentary from author Craig Purshouse.
Hunter v Canary Wharf Ltd [1997] AC 655
Authors: Purshouse Craig
Published: September 2022

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hunter v Canary Wharf Ltd [1997] AC 655. The document also included supporting commentary from author Craig Purshouse.
Essential Cases: Equity & Trusts
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.
Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Baden’s Deed Trusts (No 2) [1973] Ch 9, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Pennington v Waine [2002] EWCA Civ 227, Court of Appeal
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pennington v Waine [2002] EWCA Civ 227, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] 2 AC 669, House of Lords. The document also includes supporting commentary from author Derek Whayman.
Lysaght v Edwards (1876) 2 Ch D 499, Chancery Division
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lysaght v Edwards (1876) 2 Ch D 499, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Re Montagu’s Settlement Trusts [1987] Ch 264, Chancery Division
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Montagu’s Settlement Trusts [1987] Ch 264, Chancery Division. The document also includes supporting commentary from author Derek Whayman.
Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Armitage v Nurse [1998] Ch 241, Court of Appeal
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Armitage v Nurse [1998] Ch 241, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Swindle v Harrison [1997] 4 All ER 705, Court of Appeal
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Swindle v Harrison [1997] 4 All ER 705, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Murad v Al-Saraj [2005] EWCA Civ 959, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Lumley v Wagner (1852) 42 ER 687, Court of Chancery
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Lumley v Wagner (1852) 42 ER 687, Court of Chancery. The document also includes supporting commentary from author Derek Whayman.
Cobbe v Yeoman’s Row Management Ltd [2008] UKHL 55, House of Lords
Authors: Whayman Derek
Published: September 2022

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cobbe v Yeoman’s Row [2008] UKHL 55, House of Lords. The document also includes supporting commentary from author Derek Whayman.
R v G and R [2003] UKHL 50, House of Lords
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v G and R [2003] UKHL 50, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Stone and Dobinson [1977] 1 QB 354, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re A (Children)(Conjoined Twins) [2001] 2 WLR 480, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Conway) v Secretary of State for Justice [2017] EWCA Civ 275, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Brown [1994] 1 AC 212, House of Lords
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Brown [1994] 1 AC 212, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Howe [1987] AC 417, House of Lords
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Howe [1987] AC 417, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Taj [2018] EWCA Crim 1743, Court of Appeal
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Taj [2018] EWCA Crim 1743, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Jogee [2016] UKSC 8, Supreme Court
Authors: Herring Jonathan
Published: September 2022

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Jogee [2016] UKSC 8, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
Essential Cases: Contract Law 5e
Authors: Jackson Nicola
Published: September 2022

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in contract law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Nicola Jackson, including an assessment of the wider questions raised by the decision.

It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion.

Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.
Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130
Authors: Jackson Nicola
Published: September 2022

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130. The document also includes supporting commentary from author Nicola Jackson.
Edgington v Fitzmaurice (1885) 29 Ch D 459
Authors: Jackson Nicola
Published: September 2022

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Edgington v Fitzmaurice (1885) 29 Ch D 459. The document also includes supporting commentary from author Nicola Jackson.
L’Estrange v Graucob Ltd [1934] 2 KB 394
Authors: Jackson Nicola
Published: September 2022

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in L’Estrange v Graucob Ltd [1934] 2 KB 394. The document also includes supporting commentary from author Nicola Jackson.
Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26
Authors: Jackson Nicola
Published: September 2022

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. The document also includes supporting commentary from author Nicola Jackson.
J. Lauritzen v Wijsmuller (The ‘Super Servant Two’) [1990] 1 Lloyd’s Rep 1
Authors: Jackson Nicola
Published: September 2022

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in J. Lauritzen v Wijsmuller (The ‘Super Servant Two’) [1990] 1 Lloyd’s Rep 1. The document also includes supporting commentary from author Nicola Jackson.
Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268
Authors: Jackson Nicola
Published: September 2022

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General v Blake & another [2000] UKHL 45; [2001] 1 AC 268. The document also includes supporting commentary from author Nicola Jackson.
Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Flaminio Costa v ENEL (Case 6/64), EU:C:1964:66, [1964] ECR 585, 15 July 1964. The document also includes supporting commentary from author Noreen O’Meara.
Germany v Parliament and Council (‘Tobacco Advertising I’) (Case C-376/98), EU:C:2000:544, [2000] ECR I-8419, 5 October 2000
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Germany v Parliament and Council (‘Tobacco Advertising I’) (Case C-376/98), EU:C:2000:544, [2000] ECR I-8419, 5 October 2000. The document also includes supporting commentary from author Noreen O’Meara.
Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Greece (‘Crete case II’) (Case C-387/97), EU:C:2000:356, [2000] ECR I-5092, 4 July 2000. The document also includes supporting commentary from author Noreen O’Meara.
Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Van Duyn v Home Office (Case 41/74), EU:C:1974:133, [1974] ECR 1337, 4 December 1974. The document also includes supporting commentary from author Noreen O’Meara.
Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein (‘Cassis de Dijon’) (Case 120/78), EU:C:1979:42, [1979] ECR 649, 20 February 1979
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein (‘Cassis de Dijon’) (Case 120/78), EU:C:1979:42, [1979] ECR 649, 20 February 1979. The document also includes supporting commentary from author Noreen O’Meara.
Commission v Italy (‘Trailers’) (Case C-110/05), EU:C:2009:66, [2009] ECR I-519, 10 February 2009
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Italy (‘Trailers’) (Case C-110/05), EU:C:2009:66, [2009] ECR I-519, 10 February 2009. The document also includes supporting commentary from author Noreen O’Meara.
Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rudy Grzelczyk v Centre public d’aide sociale d’Ottignies-Louvain-la-Neuve (Case C-184/99), EU:C:2001:458, [2001] ECR I-06193, 20 September 2001. The document also includes supporting commentary from author Noreen O’Meara.
Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Stefano Melloni v Ministerio Fiscal (Case C-399/11), EU:C:2013:107, 26 February 2013. The document also includes supporting commentary from author Noreen O’Meara.
A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. The document also includes supporting commentary and questions from author Thomas Webb.
Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary and questions from author Thomas Webb.
R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for Transport, ex parte Factortame Ltd (No. 2) [1991] 1 AC 603, House of Lords. This case explored whether a United Kingdom court could suspend the effect of primary legislation where it was in conflict with European Community law. It necessarily raises questions about the nature and limits (if any) of parliamentary sovereignty, and for this reason remains relevant notwithstanding the UK’s departure from the European Union. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Ullah) v Special Adjudicator [2004] UKHL 26, House of Lords. The substantive issue in this case concerned an unsuccessful claim for asylum on the basis of a fear of religious persecution. However, the focus of this case note is on Lord Bingham’s views on the extent to which the jurisprudence of the European Court of Human Rights should influence the deliberations of the domestic courts in their application of the Human Rights Act 1998 via the ‘mirror principle’. The document also includes supporting commentary and questions from author Thomas Webb.
Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Dr Bonham’s Case (1608) 8 Coke Reports 107a, 77 ER 638, Court of King’s Bench; Dr Bonham’s Case (1609) 8 Coke Reports 113b, 77 ER 646, Court of King’s Bench. This case concerns questions of bias and, more importantly, the attempt by Sir Edward Coke CJ to establish a common law power to overturn Acts of Parliament. The case predates the constitutional settlement which followed the Glorious Revolution of 1688, but echoes of the principles discussed in this case can also be found in modern case law. The document also includes supporting commentary and questions from author Thomas Webb.
Re Finucane’s Application for Judicial Review [2019] UKSC 7, Supreme Court
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Finucane’s Application for Judicial Review [2019] UKSC 7, UK Supreme Court. This case concerns first, the law relating to legitimate expectations, and second the requirements to establish an Article 2-compliant investigation into a death. The facts of the case are connected to the murder of Patrick Finucane by loyalist paramilitaries in Northern Ireland. The document also includes supporting commentary and questions from author Thomas Webb.
Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Smith and Grady v United Kingdom [1999] ECHR 72, European Court of Human Rights. This case examined the now-defunct provisions against gay people serving in the British military, and how using either unreasonableness or proportionality produced different outcomes. It also considers the contribution which a rights-based approach to legal questions, drawing on proportionality, can make to the development of law and policy. The document also includes supporting commentary and questions from author Thomas Webb.
YL v Birmingham City Council [2007] UKHL 27, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in YL v Birmingham City Council [2007] UKHL 27, House of Lords. This case is concerned with the identification of public bodies and public functions under s. 6(3)(b) of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
17. Assisted Dying
Authors: Jackson Emily
Published: September 2022

This chapter examines assisted dying. It looks at the current law, and arguments for and against its reform. It covers attempts to change the law in parliament and through human rights challenges in the courts. There is also brief coverage of other jurisdictions’ experience with legalization.
International Human Rights Law
Authors: Smith Rhona K. M.
Published: September 2022

International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skilfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right to liberty of person, and the right to an adequate standard of living, and also evaluates the monitoring, implementation, and enforcement of human rights laws.
8. Africa
Authors: Smith Rhona K. M.
Published: September 2022

This chapter examines the role of the African Union, formerly the Organization of African Unity (OAU), in the development of African jurisprudence on human rights. It provides a brief historical background on the African Union and the Charter provisions. The chapter traces the development of human rights protection in Africa; describes the monitoring and enforcement of human rights law; highlights the impact of the African Commission on Human and Peoples’ Rights on human rights in Africa; and explains how States may be held accountable for infringements of rights and freedoms.
15. Equality before the law—the right to a fair trial
Authors: Smith Rhona K. M.
Published: September 2022

This chapter discusses the right to be recognized as a person before the law; the equality of persons before the law; the prohibition on retroactive penal legislation; the position of courts under the law; the presumption of innocence; and those rights that accrue primarily to accused persons. It argues that the right to equality before the law is one of the major embodiments of the freedom from discrimination advocated by the United Nations. The right to a fair trial and the equality of arms of parties to a legal dispute are fundamental to the operation of the rule of law.
22. Sustainable development and human rights
Authors: Smith Rhona K. M.
Published: September 2022

This chapter focuses on sustainable development, part of Agenda 2030 of the United Nations, and human rights. This agenda is now the focal point of technical assistance and development programmes around the world and, crucially, applies to all States, irrespective of their state of development. The UN Sustainable Development Goals overlap with, and complement, human rights. Indeed, the associated targets and indicators reflect many core human rights obligations already incumbent on States. Whilst the Sustainable Development Goals lack the force of law underpinning human rights treaties, there is little doubt that strengthening human rights in a State will support progress towards sustainable development.
11. Free movement of persons
Authors: Berry Elspeth , Bogusz Barbara , Homewood Matthew , Strecker Sophie
Published: September 2022

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement, limitations on the rights of free movement as provided for in primary and secondary legislation; and the impact of Brexit on free movement rights.
12. Freedom of establishment and freedom to provide and receive services
Authors: Berry Elspeth , Bogusz Barbara , Homewood Matthew , Strecker Sophie
Published: September 2022

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter first discusses the freedom of establishment, distinguishing between the freedom of establishment for natural persons and the freedom of establishment for legal persons; and then considers the freedom to provide and receive services, explaining the possible derogations to both freedoms. Finally, there is consideration of the impact of Brexit on the freedom of establishment and the freedom to provide and receive services.
International Law
Authors: Hernández Gleider
Published: September 2022

International Law presents a comprehensive approach to the subject, providing a contemporary account of international law. The text offers critical and stimulating coverage of the central issues in public international law, introducing the key areas of debate. It encourages readers to engage with areas of legal debate and controversy and consider how they affect the world today. Topics covered include: the structure of international law; the subjects within the field of international law; international law in operation; international disputes and responses to breaches in international law; and specialized regimes, which include the law of armed conflict, refugee law, international criminal law, the law of the sea, the environment and protection, and international economic law.
4. International law and municipal law
Authors: Hernández Gleider
Published: September 2022

This chapter assesses the relationship between international law and municipal law. Though international law deals primarily with inter-State relations, and municipal law addresses relationships between individuals or between individuals and the State, there are many overlapping issues on which both international and national regulation are necessary, such as the environment, trade, and human rights. Though the international legal order asserts its primacy over municipal legislation, it leaves to domestic constitutions the question of how international legal rules should be applied or enforced in municipal orders. Two conflicting doctrines define the relationship between international and municipal legal orders: dualism and monism. Dualism is usually understood as emphasizing the autonomy and distinct nature of municipal legal orders, in which the State is sovereign and supreme. Meanwhile, theories of monism conceive the relationship between international and municipal legal orders as more coherent and in fact unified, their validity deriving from one common source.
6. International organizations
Authors: Hernández Gleider
Published: September 2022

This chapter looks at international organizations, their differences to States, and their position within the international legal order. Today, international organizations exist in virtually all fields of transnational and global collective concern. In the broadest sense, they facilitate international cooperation in all areas from the harmonization of tariffs to the management of delicate ecosystems, and range in their scope from small bilateral commissions regulating transboundary resources to regional security and economic organizations, all the way to the universalist aspirations of the UN. The chapter then considers the question of establishing the legal personality of international organizations under international law, which must be distinguished from the question of whether an international organization may also hold legal personality under the domestic law of a State.
7. The law of treaties
Authors: Hernández Gleider
Published: September 2022

This chapter describes the law of treaties. As defined in Article 2(2) of the Vienna Convention on the Law of Treaties (VCLT), a treaty can be embodied in a single instrument, or in two or more related instruments. It is a written agreement; between international legal subjects; and governed by international law. In short, a treaty must be written in order to fall under the scope of the VCLT. Although this does not mean that oral agreements have no effect in international law, it does mean that the law of treaties embodied in the VCLT does not govern oral agreements. While States are the most active actors entering into treaty relations, international organizations may also enter into treaties, whether between themselves or with a State. Ultimately, because a treaty’s purpose is to create binding international legal obligations, the law of treaties applies to agreements governed by international law.
11. Diplomatic protection and issues of standing
Authors: Hernández Gleider
Published: September 2022

This chapter discusses the notion of ‘diplomatic protection’, or the idea that a State may espouse the claims of its nationals and claim on their behalf. Because diplomatic protection by a State to persons necessarily extends beyond its territory, its exercise has potential ramifications for the sovereignty of other States. Certain rules have therefore emerged to avoid the uncomfortable situation where States submit legal claims as a strategic tool in international relations. Many of these are reflected in the Articles on Diplomatic Protection proposed by the International Law Commission (ILC) in 2006. In such situations, even if locus standi or ‘standing’ can be established, the admissibility of a claim before an international tribunal is precluded. The chapter then studies the rules relating to the admissibility of claims of diplomatic protection.
12. International dispute settlement and the ICJ
Authors: Hernández Gleider
Published: September 2022

This chapter examines the various political or diplomatic methods available for international dispute settlement. These methods include negotiation, mediation or ‘good offices’, inquiry, and conciliation. The array of diplomatic techniques available to parties to resolve a dispute is complemented by various means of settling disputes through the application of binding solutions based on the law. Two in particular, arbitration and adjudication, principally developed from earlier forms of non-binding settlement. Though these are different, they are linked by two principal characteristics. Foremost, they allow for a third party to issue a decision that is binding on the parties. Secondly, resorting to these methods requires the prior consent of the parties. The chapter then considers the International Court of Justice, the ‘principal judicial organ’ of the United Nations. The ICJ’s structure was frequently utilized as a model for later judicial institutions, making an enormous contribution to the development of international law.
14. The use of force and collective security
Authors: Hernández Gleider
Published: September 2022

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.
20. International economic law
Authors: Hernández Gleider
Published: September 2022

This concluding chapter discusses international economic law. When discussing ‘international economic law’ one is addressing the international regimes that regulate international trade, investment, and economic development. The multilateral and bilateral treaties in these areas have become the focal point for the global economy today. International economic law developed rapidly since the end of World War II, when the 1944 Bretton Woods Accords established the International Monetary Fund (IMF) and the International Bank for Reconstruction and Development (the World Bank), placing financial institutions at the heart of the post-war settlement. Meanwhile, the law on international trade grew around the General Agreement on Trade and Tariffs (GATT), but today centres on the World Trade Organization in Geneva. International investment law has no equivalent overarching institution, but rather exists as a dense web of bilateral investment treaties (BITs) which have emerged in the last three decades.
4. Privity
Authors: Chen-Wishart Mindy
Published: September 2022

Can a contract alter the rights and liabilities of a third party who is not privy to the contract? This chapter addresses the following questions: (1) Why is the general rule that only contract parties can sue on a contract? (2) What rights of enforcement does the Contract (Rights of Third Parties) Act 1999 confer on a third party? (3) What is the impact of the 1999 Act on the requirement that a contract claimant must have given consideration? (4) To what extent can a promisee enforce a contract for the benefit of a third party? (5) Aside from the 1999 Act, what legal avenues exist for third parties to enforce promises made for their benefit? (6) When and how does a contract bind third parties?
7. Frustration
Authors: Chen-Wishart Mindy
Published: September 2022

The doctrine of frustration excuses parties from further contractual performance when unforeseen events, subsequent to contract formation, make performance illegal, impossible, or radically different from the obligations the parties undertook at formation. Any obligations accruing before the frustrating event remain binding, but neither party can be sued for failure to perform outstanding obligations (they are extinguished). This chapter discusses: (1) the relationship between the doctrines of frustration and of mistake; (2) the justification for the frustration doctrine; (3) how to prove frustration of a contract; (4) the effect of frustration; and (5) whether the current law on frustration is satisfactory, and if not, how it might be developed.
4. From Reading to Writing
Authors: Holland James , Webb Julian
Published: September 2022

This chapter discusses the techniques involved in basic academic legal writing—an important aspect of one of the key skills required by employers, namely written communication. It covers writing legal essays—conveying information, constructing an argument, and applying the information and arguments to the essay title; answering legal problems and considering questions of legal liability; how to present your answers by use of the IRAC system; planning your answers and checking your work; the significance of referencing and the various methods used to reference work; and marking standards used by various quality assurance bodies and how law essays are marked.
11. Understanding Legal Reasoning and the Future of Law
Authors: Holland James , Webb Julian
Published: September 2022

This concluding chapter focuses on legal methods more conceptually. It aims to develop in readers a deeper understanding of what is involved in legal reasoning, understood primarily as the logical and argumentative forms of reasoning used in adjudication. It goes on to explore the question whether legal rules act as a significant justification for or constraint on judicial decision-making, as explained through the competing lenses of two important methodologies: legal formalism and legal realism. The significance of this conceptual debate about legal reasoning is illustrated with reference to current attempts to model legal decision-making through digital expert systems and AI, and these processes are used to highlight a number of themes and issues from earlier chapters in the book.
5. Certainty
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on the three certainties—certainty of intention, certainty of subject matter, and certainty of objects—and adjacent issues including administrative unworkability. The three certainties are considered first in the context of traditional family trusts, then in the context of modern discretionary trusts, and finally in the commercial context.
7. The beneficiary principle
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on how the law enables a person to devote their property to the carrying out of purposes, while restricting the ways in which that can be done. The discussions cover the beneficiary principle and the invalidity of private purpose trusts; anomalous valid purpose trusts; the case of powers for purposes; an enforcer principle for the creation of a private purpose trust; specified benefit trusts aka Re Sanderson’s trusts, and the rule against perpetuities.
12. Following, tracing, and claiming
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses following, tracing, and claiming. Following and tracing are ways in which the beneficiary’s equitable interest can be tracked as title to the trust assets changes hands or is substituted for different assets. Whether or not the beneficiary has a claim, at the end of the process of following or tracing, depends on whether the third party is a bona fide purchaser for value. The rules governing tracing are considered in detail—who may trace; what is traced; the impact of Foskett v McKeown; tracing amongst innocents. Next, claims against and amongst innocents are considered, followed by claims against wrongdoers and subrogation claims reliant upon tracing. Finally, tracing and claiming at common law (as opposed to in equity) and policy considerations are discussed.