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Chapter

Cover Essential Cases: Tort Law

Barclays Bank Plc v Various Claimants [2020] UKSC 13  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Barclays Bank Plc v Various Claimants [2020] UKSC 13  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Barclays Bank Plc v Various Claimants [2020] UKSC 13. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover A Practical Approach to Alternative Dispute Resolution

20. Conciliation  

This chapter assesses conciliation, which is a voluntary process whereby a neutral third party facilitates negotiations between the parties to a dispute and assists them to reach a settlement. In England and Wales, conciliation tends to be court-driven and it is most often used in family and employment cases. In employment cases, the parties must attempt mandatory Early Conciliation with the Advisory, Conciliation and Arbitration Service (ACAS) before a claim is issued in the Employment Tribunal, and conciliation can also be undertaken by ACAS after a claim has been lodged if Early Conciliation did not result in a settlement. In-court conciliation also takes place in family cases in disputes relating to children and money on the breakdown of the relationship between the parties. In addition, a number of independent conciliation schemes exist to help consumers solve disputes in relation to goods or services.

Chapter

Cover Tort Law

10. Vicarious Liability and Non-Delegable Duties  

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 explores vicarious liability, a form of secondary liability which operates most often in the employment context, and non-delegable duties. It begins by outlining the nature and structure of vicarious liability before turning to two requirements of sufficient relationship and sufficient connection with the tort. It then explains possible justifications for vicarious liability, the relationship criterion, and the notion of ‘close connection’ as it has been developed through key recent cases.

Chapter

Cover Employment Law in Context

1. Introduction to Employment Law  

This chapter provides an overview of the fundamental goals of this text. It introduces readers to the running case study feature which is used throughout the text to explain concepts and rules of employment law. It then discusses key issues and themes in employment law. It considers whether labour law has a valid claim to be treated as a self-contained discipline and what distinguishes it from other branches of the law. It explores the role of this area of law and the arguments in favour of the introduction and preservation of such laws. It also addresses a central area of controversy, which is whether such laws stifle or stimulate economic growth. The final issue for discussion is the potential impact of technology-driven workplace changes on employment laws, e.g. automation, AI, etc.

Chapter

Cover Smith & Wood's Employment Law

1. Introduction  

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including significant developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.

Chapter

Cover Smith & Wood's Employment Law

1. Introduction  

Ian Smith, Owen Warnock, and Gemma Mitchell

This book focuses on employment law, which has been the subject of as rapid a transformation as can have happened to any legal subject in recent times, and is certainly one of the most difficult areas of law in which to keep up to date. In some ways employment law is a curious mixture of ancient and modern, for much old law lies behind or at the basis of new statutory law and in some cases the old law continues to exist alongside the new. The subject is, however, unrecognizable from what it was only 40 years ago, with the enormous increase in statute law and the ever-increasing volume of case law on the modern statutes. Thus, the intending student must be able to exercise the lawyer’s skill in dealing with both extensive case law and major statutes, sometimes of astounding complexity. As well as setting out the history of this area of law, this chapter covers important background features of procedure and the enforcement of the law through tribunals, including significant developments such as ACAS early conciliation, the fiasco over tribunal fees, and possible future reforms to the system of adjudication.