This chapter begins with a discussion of public corporations, covering the uses of corporate personality, legal status and liability and relevance in administrative law. It then describes the mechanisms of privatisation and nationalisation, the changing nature of regulation and some regulatory mechanisms, including the regulation of commerce, financial services and public utilities.
Chapter
Sir William Wade, Christopher Forsyth, and Julian Ghosh
Chapter
This chapter focuses on the treatment of adult prisoners, examining a number of aspects of prison life as well as considering the aims of imprisonment. Key developments since 1990 are considered, including the Woolf Report, managerialism and privatisation, the impact of the Human Rights Act 1998, and the debate on prisoners’ right to vote, to assess whether the just treatment of prisoners has been achieved. While substantial improvements in prison regimes have been made since the early 1990s, there has also been considerable pressure on them from the expanding prison population. The problem of reconciling respect for the human rights of prisoners with the administrative needs of the prison system and the deterrent function of prisons will be highlighted. The potential to limit prison expansion in the current political climate will also be considered.
Chapter
This chapter reviews the main options available to the sentencing court which do not entail immediate custody. It therefore deals with fines, reviewing the difficulties posed by differential ability to pay, and community orders as well as suspended prison sentences. It discusses the tensions between imposing proportionate punishment—a retributivist aim—and delivering rehabilitation programmes—a utilitarian approach. It therefore discusses the theory and practice of rehabilitation that underpins these initiatives. However, because punishment and rehabilitation also take place in the community for those released from prison, this chapter examines supervision and the new ‘beyond the gate’ programmes for prisoners released on licence. The chapter therefore, covers the policy trends in relation to fines, the ‘rehabilitation revolution’, the privatisation of the delivery of community penalties, and the new and old utilitarian theories relating to rehabilitation.
Chapter
This chapter provides an overview of the characteristics of the contemporary administrative state. It sketches out the essential features of state institutions mainly created under the prerogative power or statute. This includes central government, the National Health Service, local government, the police, and non-departmental public bodies. The chapter is also concerned with explaining the character of the modern administrative state as a ‘contracting state’ which relies increasingly on contractual relationships between government and independent and private service providers. In the light of widespread privatisation, the modern administrative state is discussed finally as a regulatory state.
Chapter
Sir William Wade and Christopher Forsyth
This chapter begins with a discussion of public corporations, covering the uses of corporate personality, legal status and liability, and relevance in administrative law. It then describes the mechanisms of privatization and nationalization, the changing nature of regulation, and some regulatory mechanisms, including the regulation of commerce, financial services, and public utilities.
Chapter
Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter examines the peculiar commercial device known as the ‘Quistclose trust’. It discusses the difference between private trust and ‘governmental’ trust; trust and taxation; trust contrasted with other legal ideas; and the recognition of trusts in other jurisdictions.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. The document also includes supporting commentary from author Thomas Webb.
Chapter
This chapter provides an overview of different areas of private law and their relationship to environmental law including property law, tort law, contract law, and private law. The chapter begins by showing how the role of private law in addressing environmental problems is due to environmental law being applied law. Sections 3.3, 3.4, 3.5 and 3.6 give an overview of property law, tort law, contract law, and company law and their relationship to environmental law. This analysis shows that private law has a role in framing our understanding of environmental law and environmental problems, while environmental law and environmental problems also shape understandings of private law, and of property law in particular. The final section concludes by discussing the multi-dimensional nature of the interrelationship between private law, environmental problems, and environmental law in more detail.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815, Court of Appeal (Civil Division). This case examines the characteristics of bodies which can be subject to judicial review, exploring whether bodies which are ostensibly private in nature can be subject to judicial review if the nature or consequences of their functions and decisions are public. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
This chapter discusses the law on the protection of privacy. The passage of the Human Rights Act 1998, incorporating the European Convention on Human Rights (ECHR) into domestic law, enabled a new perspective on the question of protection of privacy, previously not covered by a specific tort. The art 8 right to respect for private and family life must be balanced with the equally powerful art 10 right to freedom of expression. Campbell v MGN (2004) provides a detailed consideration of this area of law by the House of Lords. The chapter covers the action for misuse of private information, the issue of photography, and that of remedies.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the nature of trusts. Trusts arise when the legal and equitable interests in property are divided. Trusts are either express or implied. An express trust can be either private or public. Private trusts are created for the benefit of private individuals or classes of individuals. Public trusts are trusts which will benefit members of the public. Implied trusts are those which are not expressly created. There are three broad types of implied trusts: resulting, constructive, and statutory.
Chapter
This chapter introduces the concept of the trust in England. It explains that the trust is a core element of Equity and its nature and function has developed over time. It discusses the fundamental principles relating to the trust, the classification of different types of trust, and identifies the rights and interests associated with them. This chapter suggests that, while many of the essential components of the modern commercial trust can be traced back to the medieval use, the context in which the trust arises today is completely different, and this has had a significant impact on the development of the contemporary law of trusts.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter considers the issue of nuisance, particularly the case of Rylands v Fletcher. In order to answer questions on this topic, students need to understand the following: private nuisance: who can sue in private nuisance? who can be sued? and categories of nuisance (i.e. noise, vibrations, smells, etc.); public nuisance; the rule in Rylands v Fletcher (1866) LR1 Exch 265; specific defences to claims of nuisance; and remedies available in nuisance.
Chapter
This introductory chapter presents an overview of contract law. It discusses the questions addressed by contract law; sources of contract law and legal reasoning; values reflected in contract law; contract theory; the reach of contract law; contract law’s relationship to other branches of private law; and external influences on English contract law.
Book
Derek Whayman
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.
Book
Derek Whayman
Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the nature of trusts. Trusts arise when the legal and equitable interests in property are divided. Trusts are either express or implied. An express trust can be either private or public. Private trusts are created for the benefit of private individuals or classes of individuals. Public trusts are trusts which will benefit members of the public. Implied trusts are those which are not expressly created. There are three broad types of implied trusts: resulting, constructive, and statutory.
Chapter
Dr Karen Dyer and Dr Anil Balan
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter considers the issue of nuisance, particularly the case of Rylands v Fletcher. In order to answer questions on this topic, students need to understand the following: private nuisance: who can sue in private nuisance? who can be sued? and categories of nuisance (ie noise, vibrations, smells, etc); public nuisance; the rule in Rylands v Fletcher (1866) LR1 Exch 265; specific defences to claims of nuisance; and remedies available in nuisance.
Chapter
Sir William Wade and Christopher Forsyth
This chapter discusses the application for judicial review. The development of the application is complicated and intertwined with the historical deficiencies and peculiarities of the remedies themselves. Thus, the chapter begins with an account of the defects in the prerogative remedies that spurred the creation of the application. It then discusses the creation of the application for judicial review and subsequent developments; and the divorce of public and private law.
