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Chapter

Cover Essential Cases: Land Law

Cheltenham & Gloucester plc v Krausz [1997] 1 WLR 1558, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Krausz [1997] 1 WLR 1558, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Cheltenham & Gloucester plc v Krausz [1997] 1 WLR 1558, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Cheltenham & Gloucester plc v Krausz [1997] 1 WLR 1558, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover The Changing Constitution

8. The Foundations of Justice  

Andrew Le Sueur

Everybody agrees there is broad consensus that the constitutional principle of judicial independence is important. In relation to the core judicial functions of hearing cases and writing judgments, the central meaning and application of the principle is fairly straightforward: people holding public office (politicians, parliamentarians, and officials) must refrain from interfering with judicial decision-making in individual cases; and judges should be protected from illegitimate pressure from the news media and other organizations. But hearings and judgments do not ‘just happen’; they have to be facilitated by a wide array of institutions and processes (the justice infrastructure), covering matters as diverse as court buildings, litigation procedures, judicial careers, and legal aid. In the absence of a codified constitution, in the United Kingdom the justice infrastructure is set out in Acts of Parliament, delegated legislation and ‘soft law’ (including the 2003 ‘Concordat’). The day-to-day running of the justice infrastructure can be understood in terms of who carries out functions related to the administration of justice—the judges, government (in particular, the Lord Chancellor), functions shared between judges and government, and functions given to arm’s length bodies. Periodically, the justice infrastructure is reshaped. This is a constitutionally significant activity that may take place in different settings—the political environment, expert environments, and blended environments. The day-to-day running of this infrastructure, along with its periodic reshaping, presents numerous and complex challenges for a legal system intent on respecting judicial independence and facilitating access to justice.

Chapter

Cover Street on Torts

23. Misuse of process and public powers  

This chapter examines the provisions of tort law concerning misuse of process and public powers, these rules having long been features of English law. It discusses elements of the three principal causes of action, which are malicious prosecution (for legal claims brought without reasonable cause), abuse of process (for legal proceedings commenced with a wrongful predominant purpose), and misfeasance in a public office. The chapter highlights the need to balance the protection of individual rights and interests against the conduct of public administration and the administration of justice. This chapter considers also the limits to witness immunity and abuse of the legal process.