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Chapter

Cover Essential Cases: Criminal Law

R v A [2020] EWCA Crim 470, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v A [2020] EWCA Crim 470, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Field [2021] EWCA Crim 380, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Field [2021] EWCA Crim 380, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v A [2020] EWCA Crim 470, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v A [2020] EWCA Crim 470, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Field [2021] EWCA Crim 380, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Field [2021] EWCA Crim 380, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Pearce & Stevens' Trusts and Equitable Obligations

20. Charitable purposes  

This chapter delves further into the legal definitions and provisions for charitable trusts. Charities must follow purposes recognized as such in law, and are required to demonstrate that they carry out their activities to the benefit of the public at large. Similarly, an organization that carries out charitable purposes must be ‘exclusively charitable’, which, in practice, means if it pursues non-charitable activities, they must be ancillary to the main charitable purposes. Charities have no named beneficiaries, so the law is enforced by the Attorney-General and the Charity Commission on behalf of the public. Organizations which nonetheless do good, and may exist for reasons other than private profit are referred to as (non-charitable) voluntary organizations.

Chapter

Cover Essential Cases: Criminal Law

R v Rebelo [2021] EWCA Crim 306, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Rebelo [2021] EWCA Crim 306, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Coley [2013] EWCA Crim 223, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Coley [2013] EWCA Crim 223, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Rebelo [2021] EWCA Crim 306, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Rebelo [2021] EWCA Crim 306, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Coley [2013] EWCA Crim 223, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Coley [2013] EWCA Crim 223, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Sealy & Worthington's Text, Cases, and Materials in Company Law

1. The Company and its Incorporation  

This chapter discusses rescue and insolvency procedures. Companies experiencing financial difficulty have various options to effect either the timely rescue of viable commercial enterprises or the orderly and competent management of affairs before ceasing operations. This chapter considers: the Insolvency Act 1986 Pt 1A moratorium; company voluntary arrangements; administration; receivership and administrative receivership; distribution of assets subject to the receivership; liquidation or winding up; investigating and reporting the affairs of the company; dissolution of the company; and restoration to the register.

Chapter

Cover Card & James' Business Law

24. Corporate rescue, insolvency, and dissolution  

This chapter examines the different procedures available to companies that are experiencing financial difficulties. The chapter begins by examining what is a rescue culture, and the extent to which such a culture is present in the UK. The chapter then discusses a series of mechanisms that are designed to rescue a struggling company, namely administration and company voluntary arrangements. Receivership is then discussed, which is not a rescue procedure, but a mechanism designed to allow a creditor to recover monies owed. The chapter then looks at winding up (or liquidation) which is the process whereby the assets of the company are realized and paid out, prior to the company being dissolved. The chapter ends by looking at the rules relating to dissolution and restoration.

Chapter

Cover Mayson, French & Ryan on Company Law

20. Company insolvency and liquidation  

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It discusses insolvency procedures such as administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for fraudulent trading and wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.

Chapter

Cover Criminal Law

2. Actus Reus: The Conduct Element  

The actus reus is a central aspect of criminal law that defines the harm done to the victim and the wrong performed by the defendant. In many cases this involves proof that the defendant caused a particular result. A defendant will be held to have caused a result if but for their actions the result would not have occurred and there has been no intervening act of a third party. This chapter begins by distinguishing the component elements of a crime. It then discusses the voluntary act ‘requirement’; causation; classification of offences; the need for a voluntary act; omissions; and seeking a coherent approach to causation.

Chapter

Cover Street on Torts

8. Defences to negligence  

This chapter examines several defences in negligence cases, including contributory negligence (failing to take care of your own interests), voluntary assumption of risk, express exclusion or limitation of liability, and illegality (a plea by the defendant that the claimant should not be able to make a claim because the claim requires reference to the claimant’s own illegal acts). It explains that the plea of voluntary assumption of risk and the defences of express exclusion of liability and illegality can help the defendant reduce liability or avoid liability altogether. The chapter notes that contributory negligence is by far the most important of these defences in practical terms.

Chapter

Cover Casebook on Tort Law

9. Defences to negligence  

This chapter considers three defences. It begins with a discussion of the principle of contributory negligence. It presents cases showing that the rules for establishing contributory negligence on the part of the claimant are not the same as the rules for establishing liability for negligence on the part of the defendant. It then turns to voluntary assumption of the risk or consent (sometimes referred to as volenti non fit injuria) which provides a complete defence to an action. The defence is based on the view that a person cannot sue if he consents to the risk of damage. Finally, the chapter considers the defence of illegality, which arises when the tortious action is in the context of the claimant’s and/or defendant’s participation in an unlawful act.

Chapter

Cover Ashworth's Principles of Criminal Law

5. Criminal Conduct: Actus Reus, Causation, and Permissions  

This chapter focuses on the ‘general part’ of the criminal law—the rules and principles of the criminal law whose importance and application can be analysed and debated without necessarily referring to a specific crime. It first examines the limits of the notion of involuntary conduct. It then looks at various challenges to the ‘voluntary act’ requirement—where is the act if the law criminalizes the occurrence of a state of affairs, or mere possession? Next, it considers how the voluntary act requirement relates to crimes of omission. This is followed by discussions of causation and the circumstances in which conduct may be recognized as justifiable.

Chapter

Cover Smith, Hogan and Ormerod's Essentials of Criminal Law

6. Manslaughter  

David Ormerod and John Child

This chapter focuses on manslaughter, a common law homicide offence with an actus reus of unlawful conduct causing death. The chapter considers two categories of manslaughter: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter arises where D commits murder, but meets the criteria for one of the partial defences: loss of self-control, diminished responsibility, or suicide pact. Involuntary manslaughter arises where D does not commit murder, but commits a relevant manslaughter offence: unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. The chapter explains statutory offences of unlawful killing (corporate manslaughter, driving causing death, infanticide, killing of a foetus) and concludes by outlining options for legal reform concerning voluntary manslaughter, involuntary manslaughter, and the structure of manslaughter offences. Relevant cases are highlighted with a summary of the main facts and judgments.

Chapter

Cover Company Law

22. Corporate rescue  

This chapter examines the rationale behind the rescue culture and the three principal rescue mechanisms: administration, the company voluntary arrangement, and the moratorium. The UK has sought to adopt a rescue culture, under which the law offers struggling companies access to several rescue mechanisms. The principal rescue mechanism is administration, under which an administrator is appointed to try and fulfil the purpose of administration. An administrator can be appointed by the court, the holder of a qualifying floating charge, or the company or its directors. A moratorium is imposed once a company enters administration, which prevents certain actions from proceeding. Meanwhile, a company voluntary arrangement is a rescue procedure that allows a company to enter into a binding agreement with its creditors. A company voluntary arrangement begins with a proposal being made, and that proposal must then be approved by the company and creditors. A new, free-standing moratorium was introduced in 2020.

Chapter

Cover Company Law

23. Liquidation, dissolution, and restoration  

This concluding chapter explores the different types of liquidation, the powers of a liquidator, and the ways in which a company can be dissolved and restored. The Insolvency Act 1986 (IA 1986) provides for two types of liquidation: voluntary winding up and winding up by the court. A voluntary winding up occurs where the members voluntarily wind up the company by passing a special resolution. Meanwhile, compulsory winding up occurs where a person petitions the court for an order of winding up the company, and the court grants such an order. The liquidator’s role is to gather, realize, and distribute the assets of the company to its creditors and, if there is a surplus, to persons so entitled. Ultimately, the process by which a company’s existence is ended is known as ‘dissolution’. A dissolved company can be restored in certain circumstances.

Chapter

Cover Criminal Law

2. Actus reus  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter explains the concept of actus reus. It discusses the elements of crime, defining an actus reus, proving an actus reus, that conduct must be voluntary, state of affairs offences, omissions liability (situations in which a person will be liable for failing to act), causation (including the principles of factual and legal causation), and coincidence in time of actus reus and mens rea. ‘The law in context’ feature analyses critically English law’s approach to liability for causing another person’s suicide.