There are a range of important sources of law beyond legislation and case law. These are materials that provide information on the content, meaning, and operation of the law and help students in their quest to understand the law. This chapter explains how to find these important supplementary resources. It covers books, journals, official publications, Halsbury’s Laws of England, Bills, and Hansard (Official Reports of Parliamentary Debates).
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There is a range of important sources of law beyond legislation and case law. These are materials that provide information on the content, meaning, and operation of the law and help students in their quest to understand the law. This chapter explains how to find these important supplementary resources. It covers books, journals, official publications, Halsbur
y’s Laws of England, Bills, and Hansard (Official Reports of Parliamentary Debates).
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David Ormerod and Karl Laird
Murder is generally regarded as the most serious crime (apart perhaps from treason) in England and Wales, yet it has not been defined by statute. Anyone of sound memory and of the age of discretion can commit murder, but a corporation or other organization cannot be tried for murder because it cannot be sentenced to life imprisonment, the only penalty allowed by law. This chapter discusses the offence of murder, who can commit murder, where it can be committed, who can be the victim and whether killing a foetus/child in the womb or in the process of leaving the womb is murder. It also examines whether a dead person is capable of being murdered, unlawful killing as an important element of murder, the mens rea of murder or ‘malice aforethought’, constructive malice, the sentence for murder and the Law Commission’s proposed reforms for the offence of murder.
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4. Direct actions in the Court of Justice of the European Union
Articles 258–260, 263, 265, 277, and 340 TFEU
Matthew J. Homewood and Clare Smith
This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU, respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU, requires compliance with the Court’s judgment. Article 263 TFEU concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU provides for actions against the EU institutions for failure to act.
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This chapter discusses articles in the Treaty on the Functioning of the European Union (TFEU) that provide for actions that are brought directly before the Court. Under Articles 258 and 259 TFEU (ex Articles 226 and 227 EC), respectively, the European Commission and Member States may bring enforcement proceedings against a Member State in breach of Treaty obligations. Article 260 TFEU (ex Article 228 EC) requires compliance with the Court’s judgment. Article 263 TFEU (ex Article 230 EC) concerns judicial review of EU acts. The outcome of a successful action is annulment. Article 265 TFEU (ex Article 232 EC) provides for actions against the EU institutions for failure to act.
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This chapter discusses the application of competition law to mergers, focusing on the EU and the EUMR. In the EU, where a merger (‘concentration’) meets the relevant thresholds, it falls within the exclusive competence of the European Commission to examine the merger. Undertakings contemplating such a merger are required compulsorily to notify the Commission. The test of a merger’s acceptance is that of whether it substantially impedes effective competition in the internal market, in particular, but not exclusively, by creating or strengthening a dominant position. Using the powers set out in the Merger Regulation the Commission may authorize, or block, the merger over a two-stage process. Tight time limits apply. Appeals against Commission decisions are to the General Court.
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This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopaedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, bills, parliamentary papers, parliamentary debates, Law Commission reports) among the secondary sources which may be encountered during legal studies.
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This chapter describes the role of books (student textbooks, cases and materials books, monographs, practitioners’ books, legal encyclopedias and digests, dictionaries, revision guides), journals (general journals, specialist journals, practitioner journals, foreign journals), and official publications (Command Papers, Bills, Parliamentary papers, Parliamentary debates, Law Commission reports) amongst the secondary sources which may be encountered during legal studies.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.
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This chapter discusses the following: the general rule of common law that the opinion of a witness is inadmissible, and the exceptions for evidence of general reputation, the opinion of an expert witness within his area of expertise, and the opinion of any witness as a way of conveying facts within the competence of members of the public generally which do not call for specialized knowledge; principles of admissibility; competence; independence and objectivity; the weight of expert opinion evidence; the function of expert evidence; materials used by experts in forming their opinion; expert reports; common subjects of expert evidence; and the admissibility of non-expert opinion evidence. The developments since the Law Commission report on Expert Evidence (No. 325) are addressed, as are the impact of the Criminal Procedure Rules 2015 and the Criminal Practice Direction.
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This chapter first discusses the legitimacy of surrogacy, and the particular issues raised by cross-border surrogacy arrangements. It then turns to the regulation of surrogacy in the UK. Although commercial involvement in surrogacy is prohibited, the court has a wide discretion retrospectively to authorize payments to surrogates. In addition, the courts have adopted a flexible approach to some of the other criteria for the making of parental orders. Finally, it evaluates the Law Commissions’ proposed reforms.
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This chapter discusses competition law in the European Union and United Kingdom. ‘Undertakings’ are the sole subjects of the substantive law relating to agreements and the abuse of dominant positions. This is the word used in the Treaty on the Functioning of the European Union (TFEU) and in EU secondary legislation, and has been adopted in the UK Competition Act 1998 (CA). Market integration has been highly influential in the shaping of EU competition policy. UK competition laws are not governed by similar concerns. The role of the European Commission in competition law is fundamental, and the European Courts have contributed to clarifying the interpretation of competition law provisions. In the United Kingdom, the Competition and Markets Authority (and the sectoral regulators) and the Competition Appeals Tribunal are the principal enforcers.
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Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter focuses on appurtenant rights, or rights that are held along with ownership rights. It explores three such rights: easements, which are rights to do something on someone else's land; profits à prendre, which are rights to take something from someone else's land; and restrictive covenants, which are rights to prevent someone doing something on his own land. The chapter begins by looking at the law relating to easements, noting the reforms recommended by the Law Commission in respect of each. It then looks at restrictive covenants, and finally at the Commission's more radical proposals, which would prevent the future creation of hybrid property/contractual rights, and instead make available a legal interest in land to support obligations, both positive and negative.
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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 reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease, rather than a licence, and a new approach has recently been taken in Wales.
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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.
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, which explains the defences of insanity and automatism, also investigates the influence of intoxication on liability. A child under the age of 10 cannot commit a crime and is deemed doli incapax. The notorious murder of a toddler led to popular feeling that something should be done to introduce greater respect for the law amongst children. The accused must be suffering from a defect of reason due to a disease of the mind in order to specify the defence of insanity. If a person commits a crime when drunk, he/she is guilty of most of it, but his intoxication of alcohol may exhibit that he did not have the required ‘intent’ for other crimes, such as murder and theft. The Law Commission has referred to ‘criminal liability in regulatory contexts’, which stresses the huge growth in the number of criminal offences.
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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 introduces the nature of a ‘defence’, and the key issues in relation to various ‘defences’. The nature of defences is hard to generalize. Excuses and justifications are useful classifications. The absence of consent is an important component of many offences. The Law Commission had suggested that consent should not be a defence for those who deliberately or recklessly induce serious disabling injury.
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This chapter discusses the notion of ‘diplomatic protection’, or the idea that a State may espouse the claims of its nationals and claim on their behalf. Because diplomatic protection by a State to persons necessarily extends beyond its territory, its exercise has potential ramifications for the sovereignty of other States. Certain rules have therefore emerged to avoid the uncomfortable situation where States submit legal claims as a strategic tool in international relations. Many of these are reflected in the Articles on Diplomatic Protection proposed by the International Law Commission (ILC) in 2006. In such situations, even if locus standi or ‘standing’ can be established, the admissibility of a claim before an international tribunal is precluded. The chapter then studies the rules relating to the admissibility of claims of diplomatic protection.
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This chapter deals with the law of intestacy. The first section consists of an introduction to intestacy, dealing with the basic terms and rules, the incidence of intestacy, and the evolution and theoretical basis of the law. The second section gives a more detailed account of the current law. Considerable reference is made to relevant work of the Law Commission, particularly Intestacy and Family Provision Claims on Death (Law Com. No. 331, 2011), which was preceded by Consultation Paper 191 (2009) and sought to modernize the law of intestacy in light of contemporary social conditions. The Commission’s suggestions were largely enacted in the Inheritance and Trustees’ Powers Act 2014.
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Nigel Lowe, Gillian Douglas, Emma Hitchings, and Rachel Taylor
Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.
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This chapter discusses the sources of international law, as reflected in Article 38 of the Statute of the International Court of Justice, and covers international custom, treaties, general principles of law, and judicial decisions. It also describes other material sources: the conclusions of international conferences, resolutions of the UN General Assembly, the writings of publicists, and codification and the work of the International Law Commission, concluding with other considerations applicable in judicial reasoning.
