bluuebunny/crossref_metadata_2025 huggingface dataset:
Independent Trustee Services Ltd v GP Noble Trustees Ltd [2012] EWCA Civ 195, Court of Appeal
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Independent Trustee Services Ltd v GP Noble Trustees Ltd [2012] EWCA Civ 195, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Re Hallett’s Estate (1880) 13 Ch D 696, Court of Appeal
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Hallett’s Estate (1880) 13 Ch D 696, Court of Appeal. The document also includes supporting commentary from author Derek Whayman.
Coventry v Lawrence [2014] UKSC 13, Supreme Court
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Derek Whayman.
American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords
Authors: Whayman Derek
Published: September 2020

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision American Cyanamid Co v Ethicon Ltd (No 1) [1975] AC 396, House of Lords. The document also includes supporting commentary from author Derek Whayman.
B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords
Authors: Herring Jonathan
Published: September 2020

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in B v Director of Public Prosecutions [2000] 2 AC 428, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Ireland; R v Burstow [1998] AC 147, House of Lords
Authors: Herring Jonathan
Published: September 2020

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 Ireland; R v Burstow [1998] AC 147, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Thabo Meli [1954] 1 WLR 228, Privy Council
Authors: Herring Jonathan
Published: September 2020

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 Thabo Meli [1954] 1 WLR 228, Privy Council. 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 2020

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 v B (MA) [2008] EWCA Crim 3, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

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 B (MA) [2008] EWCA Crim 3, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Bree [2007] EWCA Crim 804, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

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 Bree [2007] EWCA Crim 804, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v SD [2008] EWCA Crim 527, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

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 SD [2008] EWCA Crim 527, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Melin [2019] EWCA Crim 557, Court of Appeal
Authors: Herring Jonathan
Published: September 2020

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 Melin [2019] EWCA Crim 557, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Entores Ltd v Miles Far East Corporation [1955] 2 QB 327
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entores Ltd v Miles Far East Corporation [1955] 2 QB 327. The document also includes supporting commentary from author Nicola Jackson.
Dickinson v Dodds (1876) 2 Ch D 463
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dickinson v Dodds (1876) 2 Ch D 463. The document also includes supporting commentary from author Nicola Jackson.
Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130
Authors: Jackson Nicola
Published: September 2020

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.
Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24. The document also includes supporting commentary from author Nicola Jackson.
Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Spice Girls Ltd v Aprilia World Service [2002] EWCA Civ 15. The document also includes supporting commentary from author Nicola Jackson.
Parker v The South Eastern Railway Company (1877) 2 CPD 416
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Parker v The South Eastern Railway Company (1877) 2 CPD 416. The document also includes supporting commentary from author Nicola Jackson.
Farley v Skinner [2001] UKHL 49
Authors: Jackson Nicola
Published: September 2020

Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Farley v Skinner [2001] UKHL 49. The document also includes supporting commentary from author Nicola Jackson.
Essential Cases: Public Law
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public 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 public 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, Thomas Webb, including his assessment of the wider questions raised by the decision for you to consider.
Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Congreve v Home Office [1976] QB 629, Court of Appeal (Civil Division). This case provides an example of illegality in the context of judicial review and also discusses the concept of parliamentary intention, and theoretical models for justifying particular interpretations of it. The document also includes supporting commentary from author Thomas Webb.
Jackson v HM Attorney General [2005] UKHL 56, House of Lords
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jackson v HM Attorney General [2005] UKHL 56, House of Lords. This case concerned the interpretation of the Parliament Acts 1911 and 1949 and the implications of this interpretation for the relationship between the Houses of Parliament. The case also contained important obiter from the House of Lords on the nature of parliamentary sovereignty. The document also includes supporting commentary from author Thomas Webb.
M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M)
Authors: Webb Thomas E.
Published: September 2020

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in M v Home Office [1994] 1 AC 377, House of Lords (also known as Re M). The case considered whether the courts had the power to issue injunctions against government departments and the ministers attached to them, and whether the rule of law required that those departments and ministers could be held in contempt of court for breach of court orders. The document also includes supporting commentary from author Thomas Webb.
R v Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2020

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 Disciplinary Committee of the Jockey Club, ex parte Aga Khan [1993] 1 WLR 909, Court of Appeal (Civil Division). This case considered under what circumstances a decision-maker could be considered public, or to be exercising a public law function, for the purposes of determining whether that decision-maker was subject to judicial review. The document also includes supporting commentary from author Thomas Webb.
R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords
Authors: Webb Thomas E.
Published: September 2020

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 the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom jurisprudence. The document also includes supporting commentary 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 2020

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 from author Thomas Webb.
3. Decision-making and democracy in the EU
Authors: de Mars Sylvia
Published: September 2020

This chapter analyses what EU academics have termed the ‘democratic deficit’ in the EU. In EU law, the concept of the ‘democratic deficit’ is used to classify the EU as a system that may hold some of the qualities of a democratic government, but is lacking others. The chapter then investigates just how much ‘democracy’ exists in the EU decision-making processes. There are those who claim that the EU will never be democratic, and those who argue that the EU actually does not suffer from true shortcomings. The chapter evaluates both of those claims, and considers if recent big events in the EU — such as the ratification of the Lisbon Treaty, and the so-called Eurozone financial crisis — impact upon the debate. It also looks at the nature of Brexit during the Withdrawal Agreement's transition period, as well as the future relationship between the UK and the EU.
8. Enforcing EU law
Authors: de Mars Sylvia
Published: September 2020

This chapter addresses the Treaty's provisions on the enforcement of EU law, particularly looking at Articles 258–260 TFEU (Treaty on the Functioning of the European Union). The European Commission's enforcement action, known as ‘infringement proceedings’, is set out in Article 258 TFEU. If the Commission proves an infringement has occurred, the Court of Justice of the European Union (CJEU) will issue a binding verdict that requires the Member State to rectify the breach: in other words, to amend its domestic laws until they are compliant with EU law. Article 260 TFEU makes clear, however, that the CJEU can only order ‘compliance’. Article 259 sets out a very similar process, rarely used, for Member State v Member State infringement proceedings. The chapter then considers the CJEU's development of the principles of direct and indirect effect and state liability, and explores the remedies for breaches of EU law. It also assesses the impact of Brexit on the enforcement of EU law.
16. Negotiating a ‘future relationship’: EU external relations law
Authors: de Mars Sylvia
Published: September 2020

This chapter examines the ‘future relationship’ agreement(s) that will apply between the UK and the EU. Following the adoption of the Withdrawal Agreement, the UK will be looking to conclude what the EU terms a ‘future relationship’ agreement with the EU over the course of the transition period. That ‘future relationship’ will address both the conditions under which the UK trades with the EU in the future — or what replaces the internal market — and how the UK and the EU relate to each other diplomatically — or what replaces ‘membership’ of the EU as an institution. The EU Treaties set out clear processes for the conclusion of international agreements between the EU and other countries. The chapter explores what those processes are, considering what powers the EU has to conclude international agreements. It also looks at how decision-making relating to those international agreements takes place within the EU institutions.
2. Personal and Property Rights in Land
Authors: Lees Emma
Published: September 2020

This chapter explains the nature of land as a legal concept, as well as the nature of rights in land. Land includes both corporeal things — such as land and buildings — and incorporeal things, such as rights over land. Property rights in relation to land come in two forms: estates and interests. Estates are rights which a person holds in their ‘own land’, while interests are rights which a person holds in relation to another's land. Both of these are proprietary; proprietary interests are those rights which are capable of having third party effects. Therefore, the crucial distinction between personal and property rights is about the effect that these rights can have on third parties. The chapter then looks at the numerus clausus (closed list) of property rights. If a right is not part of this list, then it is licence. Licences are the generic category of rights that relate to land but which are not property rights. The four categories of licence include estoppel licences, bare licences, contractual licences, and licences coupled with an interest. The chapter concludes by exploring the concept of relativity of title in English land law.
6. Adverse Possession
Authors: Lees Emma
Published: September 2020

This chapter focuses on adverse possession, which is the obtention of title to land by means of possession without permission. It is the natural and logical consequence of the combination of the principle of relativity of title and of limitation (time limits) on actions. The chapter then analyses the rules relating to adverse possession, considering both unregistered land and registered land. Adverse possession is one of the few areas where the unregistered land rules are still regularly taught. The chapter also looks at the special situation which emerges when the rules on adverse possession interact with leases. Moreover, it examines the relationship between the adverse possession rules and criminal law. Finally, the chapter explores the justifications or explanations behind adverse possession, including the relationship between these rules and human rights.
10. Leases
Authors: Lees Emma
Published: September 2020

This chapter discusses the nature, creation, and forms of leases. The leasehold estate is one of the two possible estates in land. The lease is, essentially, consensual exclusive possession of land for a limited duration. The purposes to which leases are put range from very short-term occupation agreements to leases lasting hundreds of years. In order to create a valid lease, the formalities which are required will depend upon the length of the lease which the parties are attempting to create and the type of lease to which they wish to give rise, as well as the nature of the rights which they currently have. There are different forms of leases: periodic tenancies; tenancies at will; and the Bruton tenancy. The chapter then assesses how the relationship between landlord and tenant is managed both during and after the contractual term of the lease. It also looks at one of the most flexible and useful aspect of leases, the ability to sublet, to create concurrent leases, and the nature of the reversionary interest during the currency of the lease.
16. Co-Ownership
Authors: Lees Emma
Published: September 2020

This chapter studies the trust of land, and how this legal structure is used to manage co-ownership of land. It first describes the nature of interests under a trust of land, and the rights and obligations for trustees and beneficiaries which arise as a result of the creation of such a trust. The chapter then details the different forms of concurrent co-ownership which can exist in relation to land, looking at joint tenancies and tenancy in common as well as the process of severance. Since co-ownership cannot exist without a trust, it is useful to have understood trusts generally before examining it as a tool to manage co-ownership situations. Finally, the chapter assesses the regulation of disputes between trustees, beneficiaries, and third parties. Partly these disputes relate to questions of priority, and so it is useful to read this chapter in conjunction with the previous one concerning the general priority rules.
18. Torts
Authors: Lees Emma
Published: September 2020

This chapter discusses two torts relevant to the operation of rights in land: trespass and nuisance. Trespass to land is the unlawful interference with or incursion on another's possession of land. It is not a tort which protects ownership; its operation is relative. Thus, a trespasser can themselves sue a subsequent trespasser on the basis of this tort, if the first trespasser has gone into possession of the land. Trespass in this sense is a tort against possession of land. Unlike trespass, however, the law relating to nuisance is complex and even incoherent. In its absolute basic terms, nuisance is the tort of interference with another's reasonable use or enjoyment of their land, usually as a result of an unreasonable use of neighbouring land. The chapter then assesses the relationship between these torts and rights in land. It also explores the remedies which are available in response to such tortious actions.
14. Discharge by Frustration
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter traces the history of the doctrine of frustration and examines the scope of its present application. The discussion covers instances of frustration, the theoretical basis of frustration, incidence of risk, self-induced frustration, leases and contracts for the sale of land, and effects of frustration.
15. Discharge for Breach
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

If one of the parties to a contract breaches an obligation which the contract imposes, that party is in breach of contract. The breach may consist in the non-performance of the relevant obligation, or its performance in a manner or at a time that fails to comply with the requirements of the contract. This chapter sets out the rules governing the discharge of a contract by breach. It shows that the breach may give rise to discharge only if it is sufficiently serious in its effects (a breach which ‘goes to the root of the contract’, or a ‘repudiation’ of the contract) or if it is a breach of a sufficiently serious term of the contract (breach of ‘condition’).
16. Discharge by Operation of Law
Authors: Beatson Jack , Burrows Andrew , Cartwright John
Published: September 2020

This chapter considers the rules of law which, operating upon certain sets of circumstances, will bring about the discharge of a contract. The discussions cover mergers, discharged by judgment of a court, alteration or cancellation of a written instrument, and bankruptcy.
11. Virtual criminality
Authors: Lloyd Ian J.
Published: September 2020

This chapter examines the law on virtual crimes, including those covering Internet pornography, photographs and pseudo-photographs, and multimedia products. It discusses the difficulty of applying localised concepts of obscenity—which are dictated by cultural, religious, and societal values—in the global environment of the Internet. It also considers the issue of cyber bullying and harassment. It is shown that nation states have difficulty enforcing their own policies regarding what is or is not acceptable. However, matters assume a different perspective when there is a commonality of approach between the jurisdiction where material is hosted and where it is accessed. In this, the Council of Europe Convention on Cybercrime is a significant, albeit limited, development.
15. Software patents
Authors: Lloyd Ian J.
Published: September 2020

This chapter focuses upon the somewhat complex manner in which the patent system has operated in respect of so-called software-related inventions. For a variety of reasons, the United Kingdom’s Patents Act and the European Patent Convention both exclude programs for computers from eligibility for protection. The prohibition extends only to protection for the program “as such” and as interpreted by the patent and judicial authorities applications for inventions that produce a technical effect are considered acceptable even where these are based on programs. This chapter will consider how this situation has arisen and will consider the application of software related patents in key sectors such as that of mobile phones in which products and network technologies make very extensive use of patented technologies. The concept of standard essential patents has attained considerable prominence and requires the owner of such a patent to make its use available to others upon fair and reasonable licence terms. As well as possessing a degree of ambiguity as to what terms might be fair and reasonable, the situation is highlighting the problems of trying to apply national patents in the context of a global industry.
16. Copyright protection
Authors: Lloyd Ian J.
Published: September 2020

This chapter discusses protection under the law of copyright. Topics covered include copyright basics; obtaining copyright; forms of protected work; the requirement of originality; copyright ownership; copyright infringement; the nature of copying; other rights belonging to the copyright owner; the development of software copyright; and literal and non-literal copying. The law of copyright is perhaps the major branch of intellectual property law relevant to computer software. Virtually every piece of software will be protected by copyright. The main issue concerns the extent of the protection that is offered. Computer programs are generally protected as literary works. This was appropriate in the early days where computers performed essentially functional tasks – often associated with mathematical calculations. It is arguable that modern software, which often makes extensive use of graphical images, is more akin to an artistic work than a literary one. Regardless of categorization, the courts in the United Kingdom have applied a narrow interpretation of the scope of copyright. Reproduction of the underlying code will be unlawful but replication through independent work of the effects produced by the code (often referred to a non-literal copying) will not.
21. Internet domain names
Authors: Lloyd Ian J.
Published: September 2020

Internet access is dependent on two major factors: Internet (generally referred to as IP) addresses, which are a functional equivalent to telephone numbers, and domain names. The former element raises a number of technical issues but is generally non-contentious. Systems of domain names—which effectively serve as an alias for IP numbers—are much more controversial and raise major issues how the Internet should be regulated. This chapter begins with a discussion of the emergence of Internet regulation. It then turns to domain names and the regulation of the domain-name system at both a global and country specific level.
Land Law
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
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 text incorporates a unique approach to land law which helps students understand how rules work in isolation as well as how they interlink. This approach provides the tools to accomplish high-level analysis quickly. Significant cases are emphasized here and are used to illustrate rules. Topics covered include: an introduction to what land law is, human rights, personal and property rights, and registered title. Chapters also look at the acquisition of equitable interests, trusts of land, leases, mortgages, security interest in land, easements, freehold covenants, and the defences question. Finally, the text ends with an overview of concepts and contexts.
1. What is Land Law?
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter introduces the reader to land law and explains why land law is studied at all. It also tackles three fundamental questions that are used to understand and structure the often complex rules encountered in land law: the content, acquisition, and defences questions. Three specific case law examples are discussed: National Provincial Bank v Ainsworth (1965), Williams & Glyn's Bank v Boland (1981), and City of London Building Society v Flegg (1988). Other topics covered in this chapter include: the importance of the statutory framework established by the Law of Property Act 1925 and the Land Registration Act 2002; the focus of land law on private rights to use land; the key distinction between personal rights and property rights; the importance of equitable rules and of statute in shaping land law; and the key role played by land registration in modern land law.
9. Easements
Authors: McFarlane Ben , Hopkins Nicholas , Nield Sarah
Published: September 2020

This chapter examines easements and how they relate to the content, acquisition and defences questions. Easement refers to the right of a landowner to enjoy a limited use of neighbouring land. An essential feature of an easement is the need for two pieces of land: the dominant land to which the benefit of the easement is attached and the servient land over which the easement is exercised. This chapter considers the four defining characteristics of an easement: there must be two distinct areas of land — dominant land and servient land; the dominant and servient land must be owned by different people; the easement must ‘accommodate’ the dominant land; and the right must be capable of forming the subject matter of a grant. It also discusses, in relation to the acquisition question, the express and implied creation of an easement, as well as the involuntary acquisition of an easement through prescription. It concludes by considering with the defences that can defeat an easement.
Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law
Authors: Ormerod David , Laird Karl
Published: September 2020

Smith, Hogan, and Ormerod’s Criminal Law: Text, Cases, and Materials is a guide to the criminal law. The text is supplemented by extracts from the key criminal law cases, together with other essential materials from statutes, reports, and articles. This edition has been significantly revised and restructured to present the materials in an order that closely matches the structure of contemporary courses on criminal law. The latest legislation and all of the recent cases that continue to shape the law are included. The book has, from the first edition, examined all the aspects of the criminal law that would be expected to be found in the undergraduate syllabus, and has been revised and restructured to ensure that this latest edition reflects the modern undergraduate course.
16. Related offences in the Theft Acts 1968 and 1978
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines a number of related offences that are found in the Theft Acts 1968 and 1978. The chapter considers the rationale for the existence of these offences and examines why it was considered necessary to have offences that supplement the general offence of theft.
19. Attempt
Authors: Ormerod David , Laird Karl
Published: September 2020

This chapter examines the law of attempts. It considers the precise mens rea for attempt: whether in addition to intending any result required for the crime, D must also intend the circumstances of the substantive offence in order to be guilty of attempting it; how far D’s acts must go in committing the substantive offence before he will be guilty of an attempt; whether the law criminalizes D who attempts to commit an offence even though on the facts it would have been impossible for him to commit the substantive offence; and reasons as to why it is appropriate to criminalize attempts to commit crimes.
2. Establishing a Partnership
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter describes the various ways of establishing a partnership, either intentionally or otherwise, and who then within the firm is actually a partner as opposed to a creditor or employee/worker. The lack of formality involved is set out together with the existence of partnerships at will, i.e. those with no defined duration. Informal partnerships may arise by financial involvement such as sharing profits, contrasting partners and creditors. Partnership liability may also arise by a person representing themselves as a partner which is relied on by a third party. The chapter then discusses the interface between partners and employees and the current possibility that one person could be both, or more likely both a partner and a worker. Finally, it considers the status of salaried and fixed-share partners.
10. LLPs: An Introduction
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter explains the various commercial and legal justifications that gave rise to the creation of Limited Liability Partnerships (LLPs), and gives an overview of similar bodies in different jurisdictions. It explains the legislative scheme by which LLPs were introduced, and how the provisions of company law have been applied.
16. Termination of Membership
Authors: Morse Geoffrey , Braithwaite Thomas
Published: September 2020

This chapter explains how a person ceases to be a member, and what the consequences of termination of membership is, both in terms of relations with third parties and in terms of relations between the departing member and the LLP. It considers the application of post-termination controls on a departing member.
9. Problem-solving and case/matter analysis
Authors: Slorach Scott , Embley Judith , Goodchild Peter , Shephard Catherine
Published: September 2020

This chapter first explains how to deal with problem-solving questions set for students on undergraduate law programmes. This includes consideration of the IRAC model and how to identify the relevant issues, apply the relevant law to the facts, identify a remedy, draw a clear conclusion, and structure and communicate an answer effectively. It then explores the practicalities for lawyers when problem-solving in practice, such as: effective case and matter analysis, clients providing insufficient or too much information, taking account of clients’ personal and commercial objectives, and considering other stakeholders’ interests. Next, the chapter considers in more detail the conclusion of problem-solving in practice: identifying options and advising the client.
16. Wrongful Dismissal
Authors: Emir Astra
Published: September 2020

Under the law which existed prior to 1971, an employer was entitled to dismiss an employee for any reason or no reason at all. In 1971 the Industrial Relations Act created the right for many employees not to be unfairly dismissed, and though that Act was repealed, the relevant provisions were substantially re-enacted in the Trade Union and Labour Relations Act 1974, and further changes were made by the Employment Protection Act 1975. The Employment Rights Act 1996 (as amended) contains most of the relevant statutory provisions currently in force. This chapter discusses the ways in which wrongful dismissal may occur; collateral contracts; summary dismissal; and employment law remedies.
18. Redundancy
Authors: Emir Astra
Published: September 2020

The Redundancy Payments Act 1965 was enacted to compensate a long-serving employee for the loss of a right which he has in a job. The Act has been repealed and replaced by corresponding provisions in the Employment Rights Act 1996. This chapter discusses provisions of the Employment Rights Act 1996. It looks at what is a dismissal, transferred redundancies, presumption of redundancy, and offers of alternative employment. Considered are whether redundancy dismissals are fair or unfair; excluded classes of employees; claims for redundancy payments; payments by the Secretary of State; consultation on redundancies; the meaning of the term ‘establishment’; the consultation provisions of the legislation; and notification of mass redundancies to the minister.
11. Parliamentary Scrutiny of Central Government
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter examines the accountability of the central government to Parliament. It addresses questions such as: what is Parliament’s proper role in scrutinising government? What does the constitutional convention of ministerial responsibility mean? And how does it operate in practice? The chapter also considers topics of particular importance to government accountability: freedom of information, accountability of the security and intelligence services, and financial accountability.
15. The Effectiveness and Impact of Judicial Review
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter examines the effectiveness and impact of judicial review in terms of the accessibility of judicial review, the competence and capacity of the courts to review administrative action, and the impact of judicial review on government. Access to judicial review is constrained in various ways. Legal costs, restrictions on legal aid, uneven access to legal advice and services, the variable operation by the court of the permission to proceed requirement, and delays within the court can all limit the accessibility and effectiveness of the judicial review procedure.
16. Ombudsmen and Complaints
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter examines systems for handling complaints against public bodies. It focuses particularly upon public sector ombudsmen while locating ombudsmen within the wider complaint-handling landscape. Public sector ombudsmen constitute an important mechanism by which the executive (and other public bodies) can be held to account. The relationship between ombudsmen and other accountability mechanisms, together with questions concerning the legal enforceability of ombudsmen’s findings, raise important issues about legal and political forms of constitutionalism. The multilayered nature of the UK’s constitution post-devolution has resulted in a diversity of ombudsman schemes and poses particular challenges in relation to the rationalisation of ombudsmen in England.
20. Freedom of Expression
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter examines the nature of free speech, first addressing the question of why free speech must be protected. It then discusses Article 10 of the European Convention on Human Rights (ECHR), media freedom, defamation, criminal offences, privacy, and official secrecy.
21. Freedom of Assembly
Authors: Elliott Mark , Thomas Robert
Published: September 2020

This chapter is concerned with the right to freedom of assembly and, in particular, the right to protest. The chapter begins with a discussion of the importance of the right to protest, and then considers the prohibition of certain types of behaviour, statutory powers to regulate protests, and common law powers to regulate protests.
3. The freehold estate
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

One of the most fundamental changes to land law made by the 1925 property legislation was the reduction of the number of legal estates in land to just two: the fee simple absolute in possession (freehold estate) and the term of years absolute (leasehold estate). This chapter focuses on the fee simple absolute in possession, which is the technical name for the freehold estate. It begins by considering each of the terms that make up the legal definition of legal freehold: the ‘fee simple absolute in possession’. Unless an estate satisfies each part of it, the estate cannot be a legal freehold, but must instead be an equitable interest in land. The discussions then turn to the creation and transfer of the legal freehold.
7. The sole owner of land
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter discusses what it means to be the ‘owner’ of a property. In registered land, whoever is entered into the proprietorship register as the registered proprietor of the property is deemed to have the authority to deal with the land as an owner. The chapter discusses three alternative scenarios when the land register shows a sole registered proprietor; the first is that the registered proprietor is the sole legal and equitable owner of the land; the second is that the registered proprietor is the sole legal owner, holding the equitable title on trust for someone else; the third is that the registered proprietor is the sole legal owner, holding the equitable title on trust for him- or herself and (an)other equitable owner(s). The chapter considers the potential dangers for equitable owners and purchasers, and explains the law that has been put in place to protect them.
8. Joint owners of land (co-ownership)
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter discusses ‘express’ co-ownership of land—the situation in which owners make a conscious decision to own land together. It first briefly defines the two types of co-ownership—joint tenancy and tenancy in common—and distinguishes between legal and equitable ownership. It then discusses legal title and equitable title in relation to joint tenancy and tenancy in common; and how to differentiate between joint tenancy and tenancy in common in practice. The chapter also considers the issue of severance, which converts the status of a co-owner from joint tenant to that of tenant in common, as well as the impact of co-ownership on the land register.
12. Easements and profits
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter discusses easements and profits—two of the most important rights that can be held by one person over land belonging to another person. Easements are important property rights owned by one landowner (the dominant owner) over land of another (the servient owner). To be an easement, the right claimed must benefit the land itself and not merely the owner of the dominant tenement personally. This key requirement has been thoroughly examined recently by the Supreme Court in Regency Villas Title Ltd v. Diamond Resorts (Europe) Ltd. Common types of easement include rights of way, rights of parking, right to air, and rights of water. A profit à prendre is the right to take something from another person’s land. This includes minerals, crops, and wild animals. Profits may either be owned by one person to the exclusion of all others—that is, a several profit—or by one person in common with other persons—that is, a profit in common, or a common.
13. Covenants in freehold land
Authors: Clarke Sandra , Greer Sarah
Published: September 2020

This chapter focuses on covenants in freehold land. A covenant is a promise made by one landowner to another regarding the use of freehold land. Enforceability is not a problem when considering the original parties to a covenant. The parties have simply entered into a contract with each other. Complications are caused, however, by Law of Property Act 1925, s. 56(1), which extends the scope of persons who may be counted as original covenantees, and the Contracts (Rights of Third Parties) Act 1999 (C(RTP)A 1999), which enables the benefit of a contract to be given to those who are not parties to it. The common law and equitable rules for passing of the benefit and burden of a covenant, positive covenants, breach of covenants, modification and discharge of covenants, and proposals for reform are discussed.
Textbook on Land Law
Authors: MacKenzie Judith-Anne , Nair Aruna
Published: September 2020

Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The eighteenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisition of estates in land. Part III considers the two legal estates of freehold and leasehold, and in particular looks in detail at the obligations in a leasehold estate, their enforcement and remedies for their breach. Part IV looks at trusts and proprietary estoppel. Part V is about licences and a review of the law relating to the family home. The next part considers third party rights, including mortgages, and the final part concludes with a consideration of the definition of ‘land’.
10. Obligations of landlord and tenant
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 deals with the rights and duties of the landlord and tenant who are the parties to the lease. Every lease contains provisions which define the obligations of the landlord and tenant under the lease. Obligations in a lease may be imposed in one of two ways: by covenants or by conditions. A ‘covenant’ is a promise made by one party (the ‘covenantor’) for the benefit of another party (the ‘covenantee’) which is contained in a deed. Express, implied, and usual covenants are discussed.
14. Trusts of 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 begins by discussing changes introduced by the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996). The operation of the new trust of land is regulated by Part 1 of TOLATA 1996, and the rest of the chapter deals with these provisions. These are illustrated by reference to: Mary Brown, the owner of 10 Trant Way, who needs advice about creating a settlement in her will; and six students who hold 8 Trant Way as co-owners, and are therefore subject to a statutory trust of land. Three special dispositions which would previously have created Settled Land Act settlements but now give rise to trusts of land are also identified.
23. Priorities in relation to mortgages and charges
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 rules relating to priorities between successive mortgages and charges and between mortgages and charges and other estates and interests in land. It covers the priorities of mortgages of an equitable interest; the priorities of mortgages of a legal estate; the priorities of three or more mortgages; mortgagee’s right to tack further advances; and interests prior to the mortgage.
24. Easements and profits à prendre
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 discusses easements and profits à prendre. It explains the nature of easements and profits; legal and equitable interests; enforcement against acquirer of the servient tenement; acquisition by express grant or reservation; acquisition by implied grant or reservation; acquisition by express grant by virtue of the Law of Property Act 1925, s. 62; acquisition by prescription; remedies which may be used to protect an easement or profit; and the extinguishment of easements and profits.
3. The Employment Relationship and the Contract of Employment
Authors: Cabrelli David
Published: September 2020

This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period of continuous employment on the basis of a contract of employment in order to avail him/herself of certain statutory employment protection rights. Finally, the chapter turns to the effect of an illegal contract of employment, whether it was illegal in its purpose or objective when it was formed, or expressly or implicitly prohibited by statute. There is also consideration of the illegal performance of a legal contract.