This chapter examines practice or ‘doing’ of state policing, and why and how certain police policies and practices impact disproportionately on particular social groups. It also considers ‘policing’ as something beyond what the state police do to examine the role of the private/corporate sector in the provision of policing and security.
Chapter
3. Policing: context and practice
Graham Ellison
Chapter
26. Security for Costs
The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three issues arise: (i) whether one of the conditions for ordering security for costs is satisfied; (ii) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (iii) if so, how much security should be provided. This chapter considers each of these three issues. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
Chapter
26. Security for Costs
The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three issues arise: (i) whether one of the conditions for ordering security for costs is satisfied; (ii) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (iii) if so, how much security should be provided. This chapter considers each of these three issues. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
Chapter
21. Surveillance and security in a risk society
Richard Jones
This chapter considers the issues of security, risk, and surveillance. It discusses the meaning of these terms within criminology; introduces key relevant theories; summarizes criminological research in these areas; identifies some new security and surveillance technologies; and discusses their implications, concerns, and debates surrounding their use.
Chapter
18. Security
Ross Cranston, Emilios Avgouleas, Kristin van Zweiten, Theodor van Sante, and Christoper Hare
This chapter discusses security in lending. Lending is in some cases unsecured, where the standing of the borrower is such that the banks cannot demand it or, because of the creditworthiness of the borrower, do not regard it as necessary. However, much international lending is now oriented towards particular projects, and security is taken. Security is often required so that the bank can recoup itself out of the collateral in the event of default. In relation to project financings, the security required by the banks will often be of a comprehensive nature; for example a fixed and floating charge, a charge over shares, a legal assignment of material contracts, and so on. With syndicated lending, the security might be granted in favour of a security trustee to hold to the benefit of the members of the lending syndicate. Within a corporate group, each member may contribute to the security, and there will be cross-guarantees.
Chapter
11. Borrowing and security
This chapter considers borrowing as an important method of financing a company’s activities, and security as a right of recourse against company property if the loan is not repaid on time. It begins by discussing security for financial obligations, paying particular attention to security contracts, the redemption or discharge of security and the realisation of security. It then turns to the registration of non-possessory security contracts, the priorities of legal and equitable charges and floating charges as a form of security and their crystallisation. The extent to which the assets of a company, to which anyone is considering extending credit, are already charged as security is also explained. The chapter considers three particularly significant court cases: Evans v Rival Granite Quarries Ltd [1910] 2 KB 979; Re Spectrum Plus Ltd [2005] UKHL 41, [2005] 2 AC 680; and Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284.
Chapter
8. Article 5: The right to liberty and security of the person
David Harris, Michael O’Boyle, Ed Bates, and Carla Buckley
This chapter discusses Article 5 of the European Convention on Human Rights, which protects the ‘right to liberty and security of person’. The notion of ‘liberty’ here covers the physical liberty of the person, which the Court views alongside Articles 2, 3, and 4 as ‘in the first rank of the fundamental rights that protect the physical security of an individual’. All kinds of detention by the state are controlled by Article 5, including detention in the criminal process, detention of the mentally disabled and detention prior to extradition or deportation.
Chapter
26. Security and everyday life in uncertain times
Ian Loader, Richard Sparks, Ben Bradford, Ryan Casey, Evi Girling, and Gosia Polanska
What crimes and security concerns trouble differently-situated groups of people today? What demands for action do these prompt from different authorities? To what extent are contemporary insecurities mediated through people’s sense of place and attendant feelings of belonging? The field of criminology used to be confident that it knew how to answer these questions and had a paradigm—‘fear of crime’—within which to investigate and theorize them. That paradigm was always unstable. But over recent decades it has been thoroughly dissolved by the sheer range and scale of technological, cultural, economic and political transformations —from the Great Crash and its aftermath, to the digital revolution, Brexit and the rise of nativist populism, #MeToo and #BlackLivesMatter, the gathering climate crisis, and the legacies of the COVID pandemic, to name only a fraction of the concerns that bear upon people’s everyday lives. We are currently investigating these questions of in/security in everyday life by revisiting an old research site, Macclesfield in Cheshire, and an old study, Girling et al., Crime and Social Change in Middle England (Routledge 2000). In this paper, we sketch the changing landscape that bears upon the question of how to theorize and investigate in/security in everyday social relations today, and consider the intellectual resources that we need to marshal if we are to understand the hopes, fears and fantasies that are in play when people think, deliberate and act in response to the question—What does it mean to be and feel secure in Britain today?
Chapter
8. Article 5: The Right to Liberty and Security of the Person
David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
This chapter discusses Article 5 of the European Convention on Human Rights, which protects the ‘right to liberty and security of person’. The notion of ‘liberty’ here covers the physical liberty of the person, which the Court views alongside Articles 2, 3, and 4 as ‘in the first rank of the fundamental rights that protect the physical security of an individual’. All kinds of detention by the state are controlled by Article 5, including detention in the criminal process, detention of the mentally disabled, and detention prior to extradition or deportation.
Chapter
11. Borrowing and security
This chapter considers borrowing as an important method of financing a company’s activities, and security as a right of recourse against company property if the loan is not repaid on time. It begins by discussing security for financial obligations, paying particular attention to security contracts, the redemption or discharge of security and the realisation of security. It then turns to the registration of non-possessory security contracts, the priorities of legal and equitable charges and floating charges as a form of security and their crystallisation. The extent to which the assets of a company, to which anyone is considering extending credit, are already charged as security is also explained. The chapter considers three particularly significant court cases: Evans v Rival Granite Quarries Ltd [1910] 2 KB 979; Re Spectrum Plus Ltd [2005] UKHL 41, [2005] 2 AC 680; and Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284.
Chapter
10. Mortgages
A mortgage is a form of security for a loan, the purpose of which is often to finance the purchase of a house. This type of mortgage is known as acquisition mortgage. The house can also be used as security for other borrowing (for example, to pay for an extension to a house) or to finance a small business. Such mortgages are generally termed second, or even third, mortgages. The person who creates the mortgage is called the mortgagor and the person in whose favour it is created is called the mortgagee. The mortgagee is a secured creditor and can transfer the mortgage to another person. This chapter, which focuses on the nature of mortgages and how they are created, also discusses the role of mortgages, types of mortgage, rights of the mortgagor, rights and remedies of the mortgagee, the question of undue influence, and priority of mortgages.
Chapter
24. Introduction
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter serves as an introduction to commercial credit and security. Credit plays an important role in the world of commerce. In the sale of goods, for example, the seller may have to borrow money from a bank so that he can obtain the buyer’s order and supply the goods as required. The bank loan is a form of credit. This chapter first considers the definition of credit before discussing two forms of credit: loan credit and sale credit. It then examines the nature and purpose of security, real security and security interest, and quasi-security. It also describes the three stages involved in the process of creating an effective security interest: attachment, perfection, and priorities. Finally, it analyses the agreement to give security over future property and the proposed reform of the applicable law.
Book
Eric Baskind, Greg Osborne, and Lee Roach
Commercial Law offers a fresh, modern, and stimulating account of the subject, thereby helping students better understand this important area of law. It provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. A range of learning features is employed throughout the book to encourage understanding of the law, and to demonstrate how the principles behind it play out in practical domestic and international commercial transactions. Practical, fictional case studies are referred to in example boxes throughout the book, demonstrating the types of legal issues and problems that the law is intended to regulate, and helping students to understand the context and practical application of the law. The book includes: regular case boxes throughout the text to highlight cases of importance, providing a succinct account of the material facts of the case, a clear account of the court’s decision and reasoning, and, where appropriate, commentary on the decision; key legislation boxes to help students understand which statutory provisions are of fundamental importance; and definitions of key terms, which appear in the margins the first time the term is used, thus ensuring that students are not confused by the terminology of the subject.
Chapter
26. Lenders’ Rights and Remedies
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter concentrates on the rights and powers conferred upon the lender to enforce its security over land. A lender’s rights and remedies arise from the nature of its security, the powers implied by the Law of Property Act 1925, and any express powers. The lender’s right to take possession originated at common law, but is now conferred by s 87(1) of the 1925 Act. The lender’s power of sale and to appoint a receiver are implied by s 101(1)(i) and (iii) of the 1925 Act, respectively, and can only be exercised if the borrower has defaulted. The duties that a lender or receiver owes when selling the mortgaged property are explained, as well as the position of a purchaser from a lender or receiver where there has been a breach of duty.
Chapter
1. Watching the watchers: Theory and research in policing studies
Benjamin Bowling, Robert Reiner, and James Sheptycki
This chapter offers a broad introduction to the study of policing. It first outlines the concepts of police and policing, and the long-term evolution of these processes, with an emphasis on the idea of policing as an aspect of social control. There is discussion of the notion of the police as a body of people patrolling public places in blue uniforms, with a broad mandate of crime control, order maintenance, and some social service and specialist functions. The chapter then considers various sources of police research ranging from journalists and academic institutions to official government-related bodies, think-tanks, and pressure groups. It also looks at the development of police research. The concluding section offers an analysis of the vexed conceptual relationship between policing and politics.
Chapter
22. White-collar and corporate crime
Michael Levi and Nicholas Lord
This chapter covers the changing conceptions of crime and social order in correlation with the character and quality of everyday life in contemporary Britain. It presents elements of change that involve notions of durability and persistence. The contemporary landscapes of sources of harm, uncertainty, or tribulation that attend people’s everyday lives are diverse and bear upon different lives and different habitats in very distinct and unequal ways. As measured by victimization surveys and other means, fear of crime always had as its primary object threats to personal safety in public space. The chapter also considers the contentions surrounding the notion of security and public safety.
Chapter
28. Security and smart cities
Ben Bradford and Pete Fussey
This chapter explains the profound implications of digital society on the questions of crime, security, surveillance, and policing. In recent decades, digital technologies brought profound changes to human societies and the way they are governed. The chapter explains that digital processes do more than accelerate the production and availability of information, which highlights the implications of digital society from the abundance of data. The digital revolution has rendered criminological preoccupations more urgent and pressing than ever before. The chapter also provides an overview of the concept of a smart city by considering its criminogenic consequences and its potential for crime prevention and surveillance.
Chapter
26. Lenders’ Rights and Remedies
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter concentrates on the rights and powers conferred upon the lender to enforce its security over land. A lender’s rights and remedies arise from the nature of its security, the powers implied by the Law of Property Act 1925, and any express powers. The lender’s right to take possession originated at common law, but is now conferred by s 87(1) of the 1925 Act. The lender’s power of sale and to appoint a receiver are implied by s 101(1)(i) and (iii) of the 1925 Act, respectively and can only be exercised if the borrower has defaulted. The duties that a lender or receiver owes when selling the mortgaged property are explained, as well as the position of a purchaser from a lender or receiver where there has been a breach of duty.
