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Chapter

Cover A Practical Approach to Effective Litigation

17. Active Case Management and the Use of Sanctions  

This chapter discusses active case management and the use of sanctions. The Woolf reforms and more recently the Jackson reforms have supported the concept of active case management, the focus of which is to ensure that cases are dealt with ‘justly’ and ‘at proportionate cost’. The objectives of case management are set out in Civil Procedure Rules (CPR) Part 1 and the courts case management powers are in CPR Part 3. The powers of the court in relation to case management are wide and directions given after the issue of proceedings should provide a framework and timetable for dealing with a case right up to trial. The final section of the chapter deals with the sanctions that might be imposed where there is a failure to comply with case management requirements.

Chapter

Cover How to Moot

4. Choice and use of authorities  

This chapter focuses on the main tool of the mooter's trade — case authorities. It provides answers to the following questions: What is ‘exchange of authorities’ and is it appropriate to rely on the opponent's authorities? How should authorities be chosen? How should authorities be cited? Should research be delegated to others? Can other people's ideas be used? Should help be sought from tutors? In what ways can the law library be used in preparing for a moot presentation? What is the difference between square and round brackets in a case citation? How should electronic information resources be used? When and how should overseas authorities be referred to? What does the Latin mean in a law report? How can old cases be obtained? Is an authority ever too old to use? In addition to reading a report of a judgment of a case, should counsels' arguments also be read?

Chapter

Cover Legal Skills

6. Finding cases  

This chapter presents the skills needed to find cases. It first explains the meanings of case citations before moving on to discuss how to locate domestic cases. It then describes how to find decisions of the European Court of Human Rights, the Court of Justice of the European Union, and the General Court.

Chapter

Cover Legal Skills

6. Finding cases  

This chapter presents the skills needed to find cases. It first explains the meanings of case citations before moving on to discuss how to locate domestic cases. It then describes how to find decisions of the Court of Justice of the European Union, the General Court, and the European Court of Human Rights.

Chapter

Cover Family Law

10. Private Law Decisions about Children  

Parents and caregivers are constantly making decisions about the upbringing of children in their care. This chapter looks at how courts go about doing what is best for the child or children in question in any given case. It considers examples of case work and common types of application that come before the court. In particular, it looks at applications about where a child should live and when they should spend time with a non-resident parent. The chapter ends by looking at cases involving relocation across jurisdictions and child abduction.

Chapter

Cover Criminology Skills

5. Criminal law  

This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It discusses the process by which Acts of Parliament come into existence; European Union legislation and the European Convention on Human Rights; criminal courts in which cases are heard and the systems of law reporting; how to find legislation and case law using various online resources; and how to find the criminal law of overseas jurisdictions.

Chapter

Cover Legal Systems & Skills

13. Advocacy and mooting  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter focuses on advocacy skills required during academia and in practice. The section on academia considers persuasive oral communication and confidence. It provides guidance on how to succeed both in mooting and in criminal advocacy competitions. It examines how to undertake effective case analysis using the IRAC model, and how to prepare skeleton arguments and case bundles. Examples of skeleton arguments are provided. The section on professional advocacy considers professional roles, rights of audience, areas of practice and activities. It covers practicalities such as etiquette, dress, conduct and ethics. The progress made towards a move to digital courts is also explored.

Chapter

Cover A Practical Approach to Civil Procedure

37. Sanctions  

A court can impose sanctions to ensure that its case management directions and orders are complied with, and to retain control over the conduct of litigation. These range from adverse interim costs orders through to striking out the whole or part of the defaulting party’s statement of case. This chapter discusses sanctions for non-compliance with pre-action protocols, with the Civil Procedure Rules 1998 (CPR), and with directions; application for sanctions; non-compliance with an unless order; striking out; less serious immediate sanctions; extending time and correcting errors; and relief from sanctions and setting aside.

Book

Cover Tort Law Directions
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This book covers all the core areas of tort law, combining an engaging approach with plenty of learning features. It provides a detailed introduction to the key principles of tort law, and illustrates the points of law through discussions of important court cases. Key cases are discussed to illustrate the main principles of tort law; they help to bring the subject to life, allowing students to see how the law operates in practice. This new edition of the text includes increased focus on the influence of human rights on tort law. It is fully updated with recent case law highlighting how quickly tort law is developing particularly.

Chapter

Cover Learning Legal Rules

5. The Doctrine of Judicial Precedent  

This chapter examines the use of case law to solve legal problems. In the study and practice of law we seek to analyse legal principles; and the ‘principles’ in English law are derived from pure case law or from case law dealing with statutes. The discussions cover the idea of binding precedent (stare decisis); establishing the principle in a case; the mechanics of stare decisis; whether there are any other exceptions to the application of stare decisis to the Court of Appeal that have emerged since 1944; whether every case has to be heard by the Court of Appeal before it can proceed to the Supreme Court; precedent in the higher courts; other courts; and the impact of human rights legislation.

Chapter

Cover English Legal System

15. The civil process  

This chapter is a general introduction to civil litigation and the civil courts. It describes the process by which a civil claim is dealt with in the County Court or the High Court. It provides an overview of the major case management powers in the civil courts and discusses how these powers must be exercised to further the overriding objective of the Civil Procedure Rules 1998 (as amended) to deal with matters justly and at proportionate cost. A brief history of the development of the civil court rules is included. Some of the basic principles of civil evidence are discussed and the methods of enforcement of civil judgments are set out.

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 Mayson, French & Ryan on Company Law

19. Acting for a company: agency and attribution  

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company they represent. It considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, including the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.

Chapter

Cover A Practical Approach to Effective Litigation

23. Preparing a Case for Trial and Drafting Skeleton Arguments  

This chapter first discusses the importance of the trial date. A period within which the trial should take place (a three-week window) is usually set on allocation even if the precise date is not fixed, so that a focus for litigation is set quite soon after issue. Although the court may show flexibility in reviewing preparations for trial, a trial date will rarely be moved and only for very good reason. The second section outlines the pre-trial review process, covering pre-trial checklists, statements of case, attendance of witnesses, expert evidence, trial date and directions, and preparing trial bundles. The third section deals with preparations for the trial, including the development of trial strategy and preparing to deal with witnesses. The final section discusses skeleton arguments.

Book

Cover English Legal System Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. English Legal Systems Concentrate starts with an introduction to the English legal system (ELS). It then looks at sources of law: domestic legislation, case law, and the effect of EU and international law. The text also examines the court structure. It then looks at personnel of the ELS. It moves on to consider the criminal justice system and the civil justice system. After that, it looks at funding access to the ELS. Finally, it looks to the future of the ELS.

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 A Practical Approach to Civil Procedure

15. Track Allocation and Case Management  

Judicial case management of civil litigation is one of the central planks of the Civil Procedure Rules 1998 (CPR). In exercising their powers to manage cases, the courts will be seeking to secure the overriding objective of the CPR of ensuring that cases are dealt with justly and at proportionate cost. This chapter discusses procedural judges; docketing; provisional track allocation; filing directions questionnaires; track allocation rules; notice of allocation; allocation directions; ADR and stays to allow for settlement; transfer to appropriate court; trial in the Royal Courts of Justice; changing tracks; and subsequent case management.

Chapter

Cover Mayson, French, and Ryan on Company Law

19. Acting for a company: agency and attribution  

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company they represent. It considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, including the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.

Chapter

Cover Cassese's International Criminal Law

6. Genocide  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

The term ‘genocide’ refers to the intention to destroy entire groups, whether national, racial, religious, cultural, and so on. Genocide acquired autonomous significance as a specific crime in 1948, when the UN General Assembly adopted the Genocide Convention, whose substantive rules may largely be considered as declaratory of customary international law. This chapter analyzes the main features of the Genocide Convention and examines the legal ingredients of the crime of genocide, as also clarified in international and national case law. It discusses developments in the case law on genocide; objective and subjective elements of genocide; protected groups; two problematic aspects of genocide; genocide and crimes against humanity; and Article 6 of the International Criminal Court Statute and customary international law.

Chapter

Cover International Law

6. The Practical Working of the Law of Treaties  

Malgosia Fitzmaurice

This chapter examines key structural questions and fundamental problems relating to the law of treaties. These structural matters include: the concept of a treaty; the anatomy of treaties (including the making of treaties; authority to conclude treaties; expression of consent to be bound; invalidity of treaties (non-absolute grounds for invalidity of treaties, absolute grounds for invalidity of treaties, amendment, and modification); suspension and termination). The key issues addressed include the scope of legal obligation (the principle pacta sunt servanda, treaties, and third States); interpretation and reservation to treaties (including interpretative declarations); and finally, problems concerning the grounds for termination (supervening impossibility and material breach). The chapter also considers the theory and practice of the law of treaties, with broad analysis of the case law of various international courts and tribunals, with special emphasis on jurisprudence of the International Court of Justice.