This chapter, which examines the provisions of the European Convention on Human Rights against slavery and forced labour, discusses the provisions of Article 4 and the judgments made by the Strasbourg Court in cases such as human trafficking. It considers the developments concerning human trafficking in cases such as Rantsev, which expanded on the positive obligations placed on the State. The chapter examines how the Court has developed the interpretation of slavery in light of international Conventions on human trafficking and the relationship between human trafficking and forced labour. The chapter also examines the interpretation of forced labour, including in relation to employment, prisoners, and military service.
Chapter
10. Protection from Slavery and Forced Labour
Chapter
4. Sources of Law II: Case Law
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter focuses on case law, a major source of law providing for the interpretation of statutes and the application of law to particular circumstances. Case law, also known as the common law, is a set of judge-made rules that have either a binding or persuasive effect on future cases. Judge-made means that a member of the judiciary has decided a case in a certain way, which has led to the development of that particular piece of law. Certain courts are obliged to follow previous judgments, whereas other can ignore them due to their seniority. Indeed, the doctrine of precedent denotes a system of case law—binding or not—that a lower court may or may not have to follow. Whether precedent is binding is dependent on whether there is a statement of law, as opposed to fact, certain reasoning for that decision (known as ratio decidendi), and the decision of a superior court.
Chapter
13. Aspects of the Criminal Process
This chapter, which examines the provisions of the European Convention on Human Rights on fair trial specific to criminal proceedings found in paragraphs (2) and (3) of Article 6, explains the scope of Article 6(2) and (3), and discusses the principle of legality and the judgments made by the Strasbourg Court in several related cases. It also considers the rule against retrospective legislation in Article 7 of the Convention and a number of additional rights connected with the criminal process introduced by Articles 2 to 4 of Protocol 7. The Court considers the relationship between the Court and domestic jurisdictions in relation to Article 6, Article 7, and Articles 2 to 4 of Protocol 7.
Chapter
48. Enforcement
Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.
Chapter
1. Guidance on reading cases
Robert Merkin KC, Séverine Saintier, and Jill Poole
Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter offers tips for students on how to read cases relating to contract law. In reading a case, it is important to understand how it relates to the legal principles taught in lectures. The chapter also discusses the basics of reading a case and how to read a case in practice, using the case Carlill v Carbolic Smoke Ball Co. so that the student will learn to appreciate contract case law.
Chapter
XVI. Proof of frequently recurring matters
This chapter describes different ways in which evidence may be given of certain matters that frequently have to be proved in litigation. Proof of foreign law, identity, birth, death, age, marriage and legitimacy, judgments, convictions, and other orders of the court are discussed here. With foreign law, the general rule is that it must be proved by an expert witness. For questions of identification, the question of evidence becomes more complicated, with the chapter exploring direct, circumstantial, and presumptive evidence in relation to identity. After a brief look into birth, death, age, marriage, and legitimacy, the chapter finally turns to the proof of judgments and convictions.
Chapter
48. Enforcement
Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.
