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Chapter

Cover Evidence

6. Character and credibility  

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 discusses the following: issue and credit; the concept of ‘credibility’; and bringing out the character of the parties and their witnesses. Evidence introduced to illuminate someone’s character is a fairly common feature in both civil and criminal trials. Considerable restrictions apply in criminal cases since the Criminal Justice Act 2003. According to the context, however, it may fulfil different purposes. Notably, it may serve as a potential indicator of whether or not someone is likely to be a truthful witness.

Chapter

Cover EU Law

29. Competition Law: Mergers  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

Chapter

Cover EU Law

29. Competition Law: Mergers  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU law on mergers, first examining the policy reasons underlying merger control. It then considers the jurisdictional, procedural, and substantive aspects to EU merger policy. Jurisdictional issues cover the types of concentration that are subject to the Merger Regulation and the inter-relationship between merger control at EU and national levels. Procedural issues cover matters such as the way in which notice of a proposed merger must be given and the investigative powers possessed by the Commission. Substantive issues of merger policy include matters such as the test for determining whether a merger or concentration should be allowed and the extent to which efficiencies produced by the concentration should be taken into account. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.

Chapter

Cover Evidence

7. Evidence of the defendant’s good character in criminal cases  

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 discusses the following: when the defence may adduce evidence of the defendant’s good character, what constitutes evidence of good character, the form that a judge’s good character direction must take, what consequences may flow from adducing such evidence, and how the Court of Appeal will react to a judge’s failure to deliver a suitable direction to the jury. The chapter concludes with brief consideration of when, if ever, evidence of prosecution witnesses’ good character is admissible.

Chapter

Cover The Modern Law of Evidence

4. Proof of facts without evidence  

Facts in issue and relevant facts are treated as established by the courts only insofar as they are proved by evidence. This chapter discusses three exceptions to this general rule: (i) some facts may be presumed in a party’s favour in the absence of proof or complete proof, including marriage, legitimacy, death, the regular and proper performance of public or official acts, sanity, and negligence; (ii) a fact will be treated as established where the court takes judicial notice of it either (a) without enquiry, in the case of facts that are beyond serious dispute, notorious or of common knowledge or (b) after enquiry (usually political facts, customs, professional practices, and historical and geographical facts); and (iii) a fact ceases to be in issue when a party has formally admitted it.

Chapter

Cover Medical Law and Ethics

11. Dying and Death  

This chapter examines the legal and ethical aspects of death. It begins with a discussion of the difficulty of the choosing a definition of ‘death’. It then sets out the law on a range of ‘end-of-life issues’, including euthanasia, assisted suicide, and refusal of medical treatment. It considers some particularly complex cases in which the law is not always easy to apply. These include the administration of pain-relieving drugs, the treatment of severely disabled newborn children, and the position of patients suffering from PVS. Next, the chapter considers the ethical debates surrounding euthanasia, assisted suicide, and terminating treatment. This is followed by a discussion of palliative care and hospices.

Chapter

Cover Concentrate Questions and Answers Company Law

13. Skills for Success in Coursework Assessments  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter provides advice on preparing coursework in company law and the skills required to complete it successfully, to ensure you are best prepared for your assessment. Two coursework example questions, one essay and one problem question, with accompanying answer guidance, are also available. The chapter provides lots of important tips for coursework success and includes a final checklist of issues to consider before submitting your work.

Chapter

Cover Human Rights Law Directions

5. The Human Rights Act 1998 (2): proceedings and remedies  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

Chapter

Cover Human Rights Law Directions

1. Human rights: the idea and the law  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses the idea of human rights, as well as a range of political and constitutional issues to which they give rise. The general history of the international protection of human rights from which the UK system is derived is also introduced. The chapter furthermore presents examples of human rights abuses specific to the UK that are, to some extent, at the mild end of the full spectrum of human rights abuses found in other parts of Europe or in the rest of the world. The concept of human rights assumes that all reasonable human beings share the feeling that, in whatever they do, they need to accord proper respect to the dignity of all individual human beings. States and governments, in particular, must ensure that individual dignity is respected in their laws and practices.

Chapter

Cover Cross & Tapper on Evidence

III. Burdens and proof  

This chapter considers the burdens borne by both parties when an issue of fact is at stake. It explains how the nature of a burden in the law of evidence is obscured by the use of the term in a number of different senses. The two principal senses are the burden of adducing evidence and the burden of proving facts. In relation to each, questions arise as to its incidence and discharge. The chapter considers the allocation of the burden in these two senses, at common law and under statutory provisions, and the effects of presumptions of law or agreement of the parties. Finally, this chapter is concerned with the extent of the two burdens, and the way in which the burden of proof has to be explained to the jury.

Chapter

Cover Environmental Law

12. Town and country planning  

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter discusses the UK system of town and country planning, which plays a central role in environmental law because of its enormous importance in relation to locational issues, as well as in determining how much of any particular activity is allowed in any place and the intensity of such development. However, town and country planning is not only about environmental protection: it has a wider role in organizing economic development. In balancing economic, political, social, and environmental factors to do with development in a democratic context, it ought to be a key mechanism for making development more sustainable. The chapter deals with town and country planning law, rather than the role of planning-type mechanisms in general. The law now requires various plans relating to the environment, such as the national strategies for air and waste, and river basin plans for water quality regulation, while there are also non-statutory plans, such as local transport plans, and informal plans, such as local Environment Agency plans.

Chapter

Cover Constitutional Law, Administrative Law, and Human Rights

21. Human Rights V: Governmental Powers of Arrest and Detention  

This chapter examines government powers of arrest and detention. Section I provides a three-part analysis of police powers to restrict an individual’s physical liberty under what we might regard as ‘ordinary’ laws. The first part of the chapter considers powers of ‘arrest’; the second section addresses powers of detention that arise consequent upon arrest but before the detained person has been charged with any offence; and the third considers situations in which a person can lawfully be detained without actually being arrested. Section II shifts the focus of the chapter to what we might consider to be ‘extraordinary’ laws, by describing and analysing the extent to which the constitution permits deprivation of liberty for ‘terrorist’ offences, specifically powers of arrest and detention which existed between 1945 to 1977, and then in the post-1977 era.

Chapter

Cover The Oxford Textbook on Criminology

17. Sociological positivism  

This chapter examines sociological positivism, studying how society or social processes might affect behaviour. Decisions by governments and companies and sociological issues (such as poverty) affect individuals but may also affect whole communities; they may influence the likelihood of many people to choose to offend or be law-abiding. Therefore, the health of the economy or the rate of unemployment, for example, may influence the behaviour of an entire population not just one individual and so may lead to a rise or fall in criminal behaviour. If we can identify which factors in society influence crime, and how they do so, it may be possible to alter those social factors and so decrease criminal behaviour. The chapter looks at three types of sociological theory: social interaction or social process theories, social structural theories, and social conflict theories.

Chapter

Cover Company Law

14. Directors’ liabilities for breach of duty  

This chapter focuses on the extent of a director’s civil liability for breach of fiduciary duty and the liability of third parties involved in some way in that breach of duty. One of the most important issues is the extent of a director’s liability to account. Liability can range from accounting for secret profits to claims for equitable compensation and from personal to proprietary claims. Often, a claim will be affected by limitation issues. It may be complicated by the involvement of third party accessories. Mitigation through reliance on indemnity provisions, insurance and by applying to the court for relief is also considered. The discussion covers: breach of fiduciary duty, liability of third parties, claims for negligence, and managing potential liabilities.

Chapter

Cover Company Law

19. The unfairly prejudicial remedy and the minority shareholder  

The most important minority shareholder remedy is the unfairly prejudicial petition under Companies Act 2006 (CA 2006), s 994. This chapter examines petitioning on the grounds of unfair prejudice; the boundaries to unfairly prejudicial conduct; the court’s power to grant relief; and petitioning for a winding-up order on the just and equitable ground under IA 1986, s 122(1)(g). The extensive case law on the section is considered in detail. The courts look to breaches of the terms on which the business should be conducted including breaches of the CA 2006, but also breaches of the agreements underlying the parties’ relationships. Such underlying commitments are most commonly found in quasi-partnerships. The chapter examines the quasi-partnership in detail. The remedy most commonly provided by the court is a purchase order and the chapter looks at the valuation issues around such orders. It also considers the alternative remedy of a winding up on the just and equitable ground.

Book

Cover Public Law

Mark Elliott and Robert Thomas

Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.

Chapter

Cover Concentrate Questions and Answers Company Law

9. Share Capital  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital for public and private companies. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration, issue of shares at a discount, reduction of capital, purchase of a company’s own shares, redeemable shares, payment of dividends, and financial assistance by a company for the purchase of its own shares.

Chapter

Cover Family Law

11. Private Disputes Over Children  

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, which examines the current legal framework for resolving private law disputes over children, first considers procedural issues germane to all private law disputes, including the extent to which children are able to participate in these proceedings. It then turns to the three main private law orders available under the Children Act 1989—child arrangements orders, specific issue orders, and prohibited steps orders—and recent initiatives to try and improve the way in which disputes about children’s upbringing are handled, including detailed discussion of relocation disputes.

Chapter

Cover Bromley's Family Law

16. Private Law Proceedings Concerning Children  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter considers the courts’ powers under Part II of the Children Act 1989 to resolve family disputes concerning the upbringing of children. These disputes, commonly labelled ‘private law disputes’, are normally between the parents following divorce or separation but can involve other family members. It first discusses the original scheme of Part II; changes made by the Children and Adoption Act 2006; and changes made by the Children and Families Act 2014. It then considers section 8 orders; family assistance orders; and section 37 directions.

Chapter

Cover Family Law

11. Private Disputes over Children  

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, which examines the current legal framework for resolving private law disputes over children, first considers procedural issues germane to all private law disputes, including the extent to which children are able to participate in these proceedings. It then turns to the three main private law orders available under the Children Act 1989—child arrangements orders, specific issue orders, and prohibited steps orders—including detailed discussion of the law’s approach to contact applications in cases of domestic abuse allegations, and specific areas such as relocation disputes.