bluuebunny/crossref_metadata_2025 huggingface dataset:
1. Introduction
Authors: Ormerod David , Laird Karl
Published: September 2020

This introductory chapter examines the functions of criminal law and discusses the sources of criminal law. These include common law and statutes, international law, and the Human Rights Act 1998. It also considers the principle of fair labelling in criminal law and the codification of criminal law.
5. Fault
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter considers the different types of fault required by criminal law. It examines the definitions and/or applications of the following concepts: intention, recklessness, malice, knowledge, and negligence.
8. Voluntary manslaughter
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines categories of manslaughter in which the defendant killed with the mens rea for murder, but qualified for one of the partial defences which reduced his crime to one of voluntary manslaughter. These defences are: loss of control, diminished responsibility, and suicide pacts and assisted suicide.
18. Secondary liability
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter considers the liability of someone who aids, abets, counsels or procures someone else to commit a criminal offence. The chapter examines the actus reus and the mens rea that must be present before someone will be guilty as a secondary party. The chapter examines the now discredited doctrine of joint enterprise and considers the implications of the Supreme Court’s judgment in Jogee. The chapter evaluates the merits of the Supreme Court’s judgment and also considers past efforts at statutory reform of secondary liability.
23. Mental conditions
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter considers the ways in which the criminal law treats people suffering from mental disorders. The following controversies are examined: when an individual can be regarded as mentally incapable of being tried; the relationship between insane and sane automatism; the extent to which the insanity defence reflects modern psychiatric practice; whether the lack of direct correlation between the medical and legal definitions of ‘insanity’ infringes the European Convention on Human Rights (ECHR); and how the insanity defence ought to be reformed.
24. Intoxication
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter discusses the law on offences involving intoxication. It distinguishes between voluntary and involuntary intoxication, and between ‘specific’ and ‘basic’ intent. Cases are presented to show that state of mind is both a necessary element in the definition of an offence as well as in some defences. Just as intoxication may cause a person to lack the mens rea of an offence so it may cause him to have the necessary mental element of a defence.
3. Legal Controls on Partnerships
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter details the relatively few legal controls and restrictions on partnerships and partnership agreements, together with aspects of contract law and litigation issues. In terms of contract law, the issues are capacity to become a partner, illegality and partnerships, and restraint of trade clauses in partnership agreements. With regard to the latter, the issues are validity and severance of such clauses as a matter of public policy, and enforcement. Medical and solicitors' partnerships are specifically considered in that context. The controls on partnership and business names in the Companies Act 2006 are set out, followed by the possibility of passing-off actions in tort. Finally, the position of partnerships, not being legal persons, as either complainants or defendants is considered.
5. Partners and Each Other
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter concerns the relationship between partners and the interface between the contractual and fiduciary duties implicit in such a relationship, including the internal management of the firm. It examines the impact of equity on contractual agreements, including the doctrine of forfeiture. The nebulous overriding duty of good faith is followed by the statutory duties of honesty, no conflict/no profit and no competition. The implied terms in relation to management (including access to partnership information) and control, financial affairs (detailing capital, capital profits and income profits) and the limits on change of partners are followed by a detailed consideration of the validity and exercise of expulsion clauses. Finally, the chapter details the limited effects of both voluntary and involuntary assignments of a partner's share.
6. Partnership Property
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter is concerned with the identification, nature and consequences of an item being regarded as partnership property. It sets out the situations where there is a need to distinguish between partnership property and the property of an individual partner(s), including insolvency and co-ownership issues, with special reference to farming partnerships. The nature of a partner's interest in such property is considered under English law together with the rights attached to it. The limits as to what may constitute such property are followed by the statutory and contractual rules for identification. Property bought out of partnership profits and the use of non-partnership land are considered. The chapter also covers the specific problems associated with two types of asset, the leases of business premises and the concept of the goodwill of a business.
1. Introduction to law
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter considers law as a concept and in its context. It examines key legal concepts such as law and morality, jurisprudence, the legitimacy of laws, the rule of law, and the separation of powers, looking at these in both theory and practice. It includes consideration of the virtue, duty, and consequentialist ethical theories, and legal theories including natural law, legal positivism, realism, and critical legal studies.
3. The court system of England & Wales
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter outlines the court system of England & Wales, first explaining key themes and concepts that are essential for understanding the structure and mechanics of the English courts. It then discusses the criminal courts and civil courts of England and Wales; other courts and forums that have significance in the English legal system, such as the European Court of Human Rights and the European Court of Justice, but are not part of the English court system; and alternatives to litigation (alternative dispute resolution, arbitration, Ombudsmen, and negotiation).
12. Negotiation and mediation
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter provides guidance as to how to conduct a negotiation and a mediation, and explains the difference between the two. It explains how, why, and when a law student might require these skills, and how to further develop the skills for professional practice. Advice is given about how to prepare a negotiation plan.
15. Making yourself more employable
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter focuses on the additional skills needed to embark on a career in practising law. It discusses personal characteristics; team-working; delegation; meetings; client care; networking; marketing; IT skills; and the use of social media. It also considers the meaning of commercial awareness and how this might be explored at interviews.
5. Equal Pay
Authors: Emir Astra
Published: September 2020

This chapter considers those provisions of the Equality Act 2010 that deal with equal pay. These include equality of terms and the sex equality clause (s 66); equal work (s 65), ie like work, work rated as equivalent and work of equal value; the defence of material factor (s 69); sex discrimination in relation to contractual pay (s 71); the maternity equality clause (s 73); discussions about pay (s 77); and gender pay gap reporting (s 78). Also covered are rules on jurisdiction (s 127); burden of proof (s 136); time limits (s 129); remedies (s 132); death of a claimant; and backdating awards.
8. Protection of Wages
Authors: Emir Astra
Published: September 2020

This chapter considers the provisions of the Employment Rights Act 1996 for the protection of wages. First, it considers the definition of wages, and what are deductions. It then goes on to look at restrictions on unauthorised deductions from wages and payments (ERA, ss 13, 15); excepted deductions and excepted payments (ERA, ss 14, 16); deductions and payments in retail employment (ERA, ss 17–18); and complaints to an employment tribunal (ERA, s 23). The chapter also discusses the rules for national minimum wage and national living wage, covering who qualifies for them, the hourly rates and methods of enforcement.
7. The Judiciary
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter, which focuses on the judiciary, discusses the structure of the judicial system, the role of the judiciary, and the characteristics of the judiciary.
12. Judicial Review—An Introduction
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter provides an introduction to the concept of judicial review. It discusses what judicial review is and is not about; the nature of administrative law; the relation of judicial review to three key themes crucial to understanding the modern British constitution—accountability, political and legal constitutionalism, and demarcation disputes in the multilayered constitution; and the constitutional basis of judicial review.
6. Adverse possession
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter discusses the law on adverse possession. It first considers arguments for and against allowing adverse possession. It then describes changes in the law of adverse possession and outlines the main statutory provisions, namely the Limitation Act 1980, the Land Registration Act 1925, and the Land Registration Act 2002. Next, the chapter discusses what a squatter needs to show to make a claim to the land and the effects of adverse possession. The old scheme under the Limitation Act 1980 and the new scheme under the Land Registration Act 2002 are compared.
9. Trusts and the family home
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter discusses a form of ‘implied’ co-ownership—the situation in which the law recognizes that co-ownership in a property has arisen, even though this is sometimes far from the intention of the parties. It looks at how implied co-ownership arises, either through a resulting or constructive trust. It discusses in detail the two-stage process that gives rise to the court identifying that the existence of a common intention constructive trust has been established, and looks at how the courts have considered this process over many years. It then considers how the court approaches quantification of shares in the property. Finally it looks at the many proposals for reform in this area of law.
11. Trusts of land
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter focuses on what the law requires of trustees of land and how it protects the beneficiaries of those trusts. All trusts of land are now governed by the statutory framework set out in the Trusts of Land and Appointment of Trustees Act 1996. The Act sets out the rights and responsibilities of trustees, and the rights of beneficiaries, under a trust of land. Trustees have extensive powers over the land, but have a duty to act in the interests of the beneficiaries, to consult them, and to give effect to their wishes where possible. The beneficiaries (with an interest in possession) have a right to occupy the land, although the trustees have the power, under certain circumstances, to restrict or exclude them from occupation. The chapter also discusses the powers of the court under TOLATA 1996, cases of bankruptcy, and the Settled Land Act 1925.
1. Estates in land
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter introduces Trant Way, a road in the fictitious town of Mousehole in the county of Stilton, which will be used throughout the book to illustrate the application of land law rules in practical situations. It also describes one of the houses along the road, Trant House, which in the story presented here has just been put up for sale. It follows a prospective purchaser who is viewing Trant House to explain what is meant by ‘owning land’. The discussions also cover topics such as tenure, estates in land (freehold and leasehold estates), and the two modern legal estates.
4. The contract
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter explains the contract for the sale of an estate or an interest in land. It discusses the rules for contracts made on or after September 1989; contracts made before 27 September 1989; and the use of estoppel and constructive trusts to replace part performance after the Law of Property (Miscellaneous Provisions) Act 1989. It also covers estoppel and constructive trusts; electronic contracts; effects of the contract; remedies for breach of contract; and application of the law to the sale of the freehold property, 2 Trant Way.
8. The freehold estate
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter examines the case of David Derby, owner of the freehold estate in 4 Trant Way, who has decided to give the estate to one of three relations and is considering three possible dispositions. It is necessary to consider whether each of these three possible gifts would vest in the person concerned a legal fee simple absolute in possession, or would create an interest in land which is less than a legal estate. The phrase ‘fee simple absolute in possession’ imposes a series of requirements, all of which must be satisfied if the estate is to qualify as a legal one. The chapter examines these requirements in more detail, and considers whether the proposed gifts would satisfy them. The chapter contains a short consideration of commonhold.
9. The leasehold estate
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter considers the nature and characteristics of a lease, and the ways in which it is created and brought to an end. It discusses the basic requirements for a lease; the creation of leases; the disposition of leases and reversions; the determination of a lease; determination by discharge of contract; determination by joint tenants; ‘contractualisation’ of leases; the effect on subtenant of determination of head lease; and additional types of lease.
15. Settled Land Act settlements
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter briefly discusses the Settled Land Act (SLA) settlement, the other form of trust which still exists in relation to land. It addresses the following three questions: who holds the legal estate in settled land? Are there trustees? What sort of property may be subject to a SLA settlement?
21. Special rights in relation to the family home
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. This chapter brings together some matters about the family home, and provides additional information about certain statutory rights which members of a family may have in respect of their homes, contrasting the rights of married couples and civil partners with the more limited rights of cohabitants. In conclusion, the chapter outlines proposals for reform of the law relating to cohabitants’ rights in the family home.
9. Leases
Authors: Bevan Chris
Published: September 2020

This chapter examines the lease. Leases embrace a multiplicity of contexts from the residential to the commercial to the agricultural. This chapter considers the essential nature and ingredients of a lease; focusing on the central distinguishing of leases: exclusive possession. The chapter explores the importance and place of the lease in modern land law; the different types of leases that exists as well as how leases are created and can be brought to an end.
5. Creation of agency, and the authority of the agent
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter focuses on the creation of the principal–agent relationship and the authority of the agency and the four ways of creating it: through an express or implied agreement between the principal and the agent; under the doctrine of apparent authority; by operation of law; and through ratification of an unauthorised agent’s acts by the principal. Agency arising out of agreement will always be consensual, but it need not be contractual. After explaining how the agency relationship is created, the chapter examines the authority of the agent such as actual authority, apparent authority, and usual authority.
6. Relations with third parties
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter examines how contracts made by the agent affect the legal relations of the principal with regard to third parties. When considering the rights and liability arising under a contract made by an agent, it is important to draw the distinction between whether the agent was acting for a disclosed or undisclosed principal, the latter being an important feature of English agency law largely unknown to civil lawyers. This chapter discusses generally the relations between principal and third party, and between agent and third party, in the context of both disclosed and undisclosed agency.
21. The financing of international trade
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter examines the methods used to finance international trade. The method chosen will in practice greatly depend on the seller’s confidence in the integrity and solvency of the buyer, as well as on the bargaining strengths of the respective parties. The chapter discusses the traditionally most common methods of payment, such as documentary bills, documentary credits, standby credits, performance bonds, and guarantees, together with more modern developments such as Bank Payment Obligations or BPOs. The coverage also includes other financing methods such as forfaiting and financial leasing before concluding with an overview of export credit guarantees.
22. Assignment of choses in action
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter deals with the general law of assignment of choses in action. Beginning with the historically based difference between equitable and statutory assignment, it then explains what ‘chose in action’ and ‘assignment’ are before discussing the requirement that there be an existing and assignable chose in action or right as well as the requirement that a person who holds an existing assignable chose in action intends to assign it. It also examines whether and when a rule of legal formality requires writing to be made; whether and when notice of the assignment is required; and obstacles to the enforcement of an assigned chose in action.
23. Receivables financing
Authors: Fox D , Munday RJC , Soyer B , Tettenborn AM , Turner PG
Published: September 2020

This chapter focuses on the use of receivables for financing purposes. The term ‘receivable’ is a commercial expression referring to money that is receivable in the performance and discharge of a legal obligation. The terms ‘receivables’ and ‘book debts’ are often used interchangeably. However, ‘receivables’ is more broad than ‘book debts’: it includes book debts but is not limited to them. This chapter first considers the definition of ‘receivables financing’ before discussing financing by sale, either through factoring or block discounting. It then examines financing by secured transactions, along with other doctrines affecting assigned receivables such as the rule in Dearle v Hall. It also considers proposals to reform the law governing receivables and concludes with an analysis of international factoring.
2. Historical background
Authors: Smith Rhona K. M.
Published: September 2020

This chapter provides an historical sketch of international human rights. It considers the divergent views as to the origins of human rights. The chapter traces developments including the law of aliens; diplomatic laws; the laws of war; slavery; minority rights; the establishment of the International Labour Organization; and human rights protection after the Second World War.
11. Equality and non-discrimination
Authors: Smith Rhona K. M.
Published: September 2020

This chapter examines equality and non-discrimination in international human rights law. It discusses the provisions of human rights laws, conventions, and declarations designed to address problems related to sex, race, and religious discrimination. The chapter suggests a link between the concept of equality and that of non-discrimination, and that the rule of non-discrimination is basically the negative restatement of the principle of equality.
16. The right to work
Authors: Smith Rhona K. M.
Published: September 2020

This chapter examines the right to work in international human rights law. It discusses the right to just and favourable conditions of work and remuneration, and the right to equal pay for equal work. The chapter highlights the role of the International Labour Organization in setting the standard for worker protection, and the contributions of the Social Charters of the Council of Europe in providing evidence of the change in such standards over the years.
18. The right to self-determination
Authors: Smith Rhona K. M.
Published: September 2020

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.
1. Ethics and Medical Law
Authors: Herring Jonathan
Published: September 2020

This chapter discusses various aspects of ethics and medical law. It begins with a definition of medical law. It then covers the nature of illness, the scope of medicine, the sociological impact of being ill, UK health statistics, and general ethical principles. This is followed by discussions of the notion of rights; patients’ obligations; principlism; hermeneutics; casuistry; feminist medical ethics; care ethics; virtue ethics; and communitarian ethics. It also explains the role of theology, relativism, and pragmatism in medical ethics. The chapter also explores the links between ethics and law. It cannot be assumed that because something is unethical it must be unlawful, nor that everything unlawful is necessarily unethical.
4. Consent to Treatment
Authors: Herring Jonathan
Published: September 2020

This chapter examines the legal and ethical aspects of treating a patient without consent. It considers the meaning of ‘consent’ and the position of patients who lack the capacity to consent. For children who lack capacity, consent involves a delicate balance between the rights of the children and those of their parents. For adults lacking capacity, the Mental Capacity Act 2005 has emphasized the ‘best interests’ test, but has largely left open the question of how a person’s best interests are to be ascertained. The chapter also considers what weight should be attached to advance decisions (sometimes called living wills).
8. Primary and secondary legislation
Authors: Parpworth Neil
Published: September 2020

This chapter focuses on the legislative process. In any one parliamentary session, somewhere between thirty and forty Public General Acts are passed. The vast majority of these are government-inspired measures. The actual process of legislating involves a number of parliamentary and extra-parliamentary stages. There are normally five stages in the parliamentary life of a Bill: first reading; second reading; committee stage; report stage; and third reading. Each of these stages is discussed in turn, as are the new arrangements where the Bill in question relates to England-only matters. Parliamentary sessions also address private Bills, hybrid Bills, Private Members’ Bills, consolidation Bills, and delegated legislation.
13. The nature of judicial review
Authors: Parpworth Neil
Published: September 2020

Judicial review is a procedure whereby the courts determine the lawfulness of the exercise of executive power. It is concerned with the legality of the decision-making process as opposed to the merits of the actual decision. Thus it is supervisory rather than appellate. Emphasis is also placed on the fact that the jurisdiction exists to control the exercise of power by public bodies. This chapter discusses the supervisory jurisdiction of the courts, procedural reform, the rule in O’Reilly v Mackman, the public law/private law distinction, collateral challenge, and exclusion of judicial review. The procedure for making a claim for judicial review under the Civil Procedural Rules (CPR) 54 is outlined.
14. The grounds for judicial review
Authors: Parpworth Neil
Published: September 2020

This chapter considers the grounds on which public decisions may be challenged before the courts. It begins with an overview of two cases—Associated Provincial Picture Houses Ltd v Wednesbury Corpn (1948) and Council of Civil Service Unions v Minister for the Civil Service (1985). The importance of these two cases is their distillation of the general principles. The discussion then covers the different grounds for judicial review: illegality, relevant/irrelevant considerations, fiduciary duty, fettering of a discretion, improper purpose, bad faith, irrationality, proportionality, procedural impropriety, natural justice, legitimate expectations, the right to a fair hearing, reasons, and the rule against bias. It is noted that principles often overlap, so that a challenge to a public law decision may be based on different principles.
17. Freedoms and liberties in the United Kingdom
Authors: Parpworth Neil
Published: September 2020

This chapter is concerned with how freedoms and liberties might be protected in the UK. It begins with an attempt to distinguish between human rights and civil liberties, whilst recognizing that this is by no means a straightforward task. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered.
8. Inheritance
Authors: du Plessis Paul J.
Published: September 2020

This chapter discusses the Roman law of inheritance. It covers intestacy; making a will; heirs; legacies; testamentary freedom; the failure of wills, heirs, and legacies; and codicils and trusts. The importance of inheritance as a means by which property can be acquired is obvious. A Roman citizen might easily pass through life untouched by the rules, say, of usucapion or accessio, but he could not escape the operation of the law of inheritance (or at least his estate could not when he died). And he would often have inherited property himself on the death of family members or friends. Moreover, inheritance, unlike most other forms of acquisition of property, involved the transfer of the whole of a person’s property.
5. Raising capital: equity and its consequences
Authors: Dignam Alan , Lowry John
Published: September 2020

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 raising equity from the general public and its consequences for the operation of the company. It begins by outlining the basics of raising equity before turning to the consequences of operating in a public market, with emphasis on areas such as takeovers and insider dealing. It then considers the distinction between public and private companies in terms of capital raising, how such companies are regulated, and how public companies differ from listed companies. It also discusses various methods of raising money from the public, the role of the Financial Conduct Authority and the London Stock Exchange in ensuring the proper functioning of the listed market in the UK, and the regulation of listed companies as well as takeovers and other public offers.
6. Raising capital: debentures: fixed and floating charges
Authors: Dignam Alan , Lowry John
Published: September 2020

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 corporate borrowing through debentures or debenture stock, as well as fixed and floating charges that companies issue to creditors as security interests. It begins by outlining some important distinctions between the ability of small and large companies to raise loan capital. It then considers the priority of secured creditors and the registration requirements for charges, the issue of whether or not a fixed charge could be created over a company’s book debts, provisions for automatic crystallisation that converts the floating charge into an equitable fixed charge over company assets, and reform of security interests.
12. The constitution of the company: dealing with outsiders
Authors: Dignam Alan , Lowry John
Published: September 2020

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 explores the legal aspects of transactions made with those outside the company (called outsiders or third parties), with emphasis on how they are determined to be legitimate and binding on the company. It also discusses the ultra vires doctrine and the three particular issues that make it a very tricky problem for the courts; the inclusion of the benefit of the company criterion to the ultra vires issue; the reform of ultra vires; and the application of the general principles of agency in determining whether the company is bound by a particular transaction. The chapter concludes by analysing reforms in the Companies Act 2006 concerning the authority of directors to bind the company or authorise others to do so.
13. Corporate management
Authors: Dignam Alan , Lowry John
Published: September 2020

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 deals with corporate management, focusing on those individuals who are responsible for making key strategic decisions within the company, namely the members of the board of directors. It begins by tracing the emergence of the professional managerial organ, with emphasis on the separation of ownership and control and the recognition of directorial autonomy. It then considers the relationship between directors and the general meeting, how directors are appointed, categories of directors, principle and policy governing directors’ remuneration, and the fiduciary nature of the office. The issues surrounding corporate governance are also examined, along with the approach of company law in the UK with regards to the structure and functions of the board of directors. Finally, the chapter discusses vacation, removal from office, and disqualification of directors as well as recent statutory reforms (the Small Business, Enterprise and Employment Act 2015) aimed at bolstering the disqualification regime.
14. Directors’ duties
Authors: Dignam Alan , Lowry John
Published: September 2020

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 is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the remedies for breach of directors’ duties, and the liability of those who assist a director in the course of a breach of fiduciary duty. Finally, it considers three ways in which a director who is in breach of duty may be relieved from liability.
17. Corporate rescue and liquidations in outline
Authors: Dignam Alan , Lowry John
Published: September 2020

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 deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.
1. Introduction and general principles
Authors: Loveless Janet , Allen Mischa , Derry Caroline
Published: September 2020

This introductory chapter discusses the theme of this volume, which is about the principles and structure of criminal law. It begins with a discussion on the definition of crime and explains the fundamental principles of criminal law such as actus reus and mens rea, the source of criminal law in general, and procedures involved in a criminal trial as distinct from civil proceedings. The chapter explores the four main reasons for criminalising conduct, the burden of proof in criminal proceedings and the classification of crimes and courts. It discusses four theories concerning criminal punishment, reviews several recent cases, and evaluates the criminal justice system in Great Britain based on statistics and public perception.
4. Strict, vicarious and corporate liability
Authors: Loveless Janet , Allen Mischa , Derry Caroline
Published: September 2020

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.
15. Inchoate offences: attempt, conspiracy and assisting and encouraging under the Serious Crime Act 2007
Authors: Loveless Janet , Allen Mischa , Derry Caroline
Published: September 2020

This chapter examines different types of inchoate offences in Great Britain, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.
9. Fraud
Authors: Herring Jonathan
Published: September 2020

This chapter begins with a discussion of the law on fraud, covering fraud by false representation; fraud by failing to disclose information; fraud by abuse of position; fraud and possession offences; obtaining services dishonestly; conspiracy to defraud; and making off without payment. The second part of the chapter focuses on the theory of fraud, covering the extent and nature of fraud, and the Fraud Act 2006.
15. Complicity
Authors: Herring Jonathan
Published: September 2020

This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of accessorial mens rea; the theory of joint enterprise; actus reus issues; withdrawal; and law reform.
9. Visual and voice identification
Authors: Keane Adrian , McKeown Paul
Published: September 2020

This chapter considers the risk of mistaken identification, and the law and procedure relating to evidence of visual and voice identification. In respect of evidence of visual identification, the chapter addresses: the Turnbull guidelines, including when a judge should stop a case and the direction to be given to the jury; visual recognition, including recognition by the jury themselves from a film, photograph, or other image; evidence of analysis of films, photographs, or other images; pre-trial procedure, including procedure relating to recognition by a witness from viewing films, photographs, either formally or informally; and admissibility where there have been breaches of pre-trial procedure. In respect of evidence of voice identification, the chapter addresses: pre -trial procedure; voice comparison by the jury with the assistance of experts or lay listeners; and the warning to be given to the jury (essentially an adaption of the Turnbull warning, but with particular focus on the factors which might affect the reliability of voice identification).
14. Hearsay admissible at common law
Authors: Keane Adrian , McKeown Paul
Published: September 2020

This chapter considers the following categories of hearsay: statements in public documents, works of reference, evidence of age, evidence of reputation, statements forming part of the res gestae and statements which are admissions made by an agent of a defendant. All of these categories were established at common law as exceptions to the rule against hearsay, and all of them have been preserved by statute. The categories relating to age and res gestae have been preserved in criminal but not civil proceedings. All of the other categories have been preserved in both criminal and civil proceedings.
7. Non-fatal offences against the person
Authors: Monaghan Nicola
Published: September 2020

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter first discusses the five main non-fatal offences against the person: assault (also referred to as ‘common assault’); battery; assault occasioning actual bodily harm; maliciously wounding or inflicting grievous bodily harm; and wounding or causing grievous bodily harm with intent. It also examines the defence of consent, and the two poisoning offences which are indictable only: maliciously administering poison or a noxious thing so as to endanger life or inflict grievous bodily harm under s.23 of the Offences Against the Person Act 1861; and maliciously administering poison or a noxious thing with intent to injure, aggrieve, or annoy, contrary to s.24 of the same Act.
13. Defences I: incapacity and negating the elements of the offence
Authors: Monaghan Nicola
Published: September 2020

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the following general defences: infancy, insanity, automatism, intoxication (involuntary and voluntary), and mistake. Children under 10 are conclusively presumed incapable of committing a criminal offence. Insanity (insane automatism) is concerned with the defendant’s mental condition at the time of the offence. Automatism is available where the defendant suffers a total loss of control or is unaware of what he is doing. Involuntary intoxication may be a defence to any offence if the defendant does not have the mens rea for that offence. Voluntary intoxication is no defence to a basic intent offence. A mistake as to civil law may negate the mens rea of an offence.
3. Creating, Finding, and Applying the Law
Authors: Marson James , Ferris Katy
Published: September 2020

This chapter discusses the administration of the legal system and introduces its essential elements. It begins by identifying the various sources of law in England and Wales and continues with an examination of the roles played by the judiciary in interpreting and applying legislation. It demonstrates the active and important role adopted by judges in giving the full effect of the law. It considers the law-making process, along with the workings of the parliamentary system and the use of delegated legislation. It also considers the sources of the law to identify where laws may derive, and delineates the ‘hierarchy’ of laws in England. The chapter concludes by identifying and critiquing the ability of Parliament to delegate the responsibility of passing legislation.
10. Ending the Contract
Authors: Marson James , Ferris Katy
Published: September 2020

This chapter discusses other ways in which a valid contract may be discharged, aside from the successful completion of established rights and duties. It also discusses possible remedies where a party breaches the contract. Under the normal rules of contract, a party is only discharged from a contract when that party has completed obligations under it. Having completed the contract each party is free of further obligations. A failure to complete the contract may lead to a breach of contract claim, although situations exist where the parties may release each other from further obligation—referred to as discharge by agreement—or the contract may have been partially or substantially performed. This chapter examines discharge through performance and agreement, how contracts may become frustrated, and the consequences and remedies following a breach of contract.
12. Non-Physical Damage and Liability for Economic Loss
Authors: Marson James , Ferris Katy
Published: September 2020

This chapter continues on from the previous chapter in discussing liability in negligence for physical damage and considers the potential liability that businesses and individuals may face when they provide advice in the nature of their business, when they cause economic losses not associated with physical damage, and where the claimant suffers a psychiatric injury or nervous shock due to the acts of the tortfeasor. Recently, there has been an increase in instances of imposing liability on employers for the stress and associated health problems suffered by their employees. In the absence of physical damage, restrictions are placed on the imposition of liability for pure economic loss, although such loss has been widened to include damages for negligent misstatements. Of crucial importance is that businesses are aware of the implications of providing information in the course of their professional activities that may cause an investor or client loss through negligence.
13. Responsibilities of Employers for the Torts of Employees and Statutory Duties
Authors: Marson James , Ferris Katy
Published: September 2020

This chapter identifies the doctrine of vicarious liability and its potential impact on employers. An employer faces vicarious liability when an individual engaged by it to perform some function for the business commits a tort; if this occurs within the course of employment and the individual engaged has the employment status of an employee, the employer may be jointly liable with the tortfeasor. The doctrine was developed, through the courts, to ensure that injured persons are compensated for losses sustained as a result of a negligent or wrongful act, with the obligation being placed on the employer to compensate and further to prevent any future torts being committed. The chapter considers the liability of those producing, supplying, marketing, and importing goods that contain defects which cause damage or loss.
19. Hiring Staff and Establishing the Contract of Employment
Authors: Marson James , Ferris Katy
Published: September 2020

This chapter discusses how employment relations affect all business organizations and why it is especially important to identify the status of individuals engaged in employment. It begins by considering the regulation of the employment relationship and identifies the tests to establish the employment status of individuals, as well as the reasons behind the significance of the distinction between an employee and independent contractor. The three common law tests that have been used to determine employee status—control, integration, and mixed or economic reality—are identified, and how it is most appropriate, in applying the tests, to begin with those established in Montgomery v Johnson Underwood, and then proceed to the final question in Ready Mixed Concrete. The chapter also identifies the terms implied into contracts of employment and the obligations these place on the involved parties.