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Book

Essential Cases: Tort Law 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 tort law. 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, Craig Purshouse, including his assessment of the wider questions raised by the decision.

Book

Essential Cases: Tort Law 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 tort law. 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, Craig Purshouse, including his assessment of the wider questions raised by the decision.

Chapter

This chapter explains how an LLP makes decisions, identifying the sorts of decisions that require unanimity and the sorts of decisions that can be decided by a majority. It considers how a decision-making power must be exercised, and the extent to which fetters such as good faith, rationality and natural justice will impact on the decision-making process. Lastly, it considers what the consequences of an unlawful decision are.

Book

Essential Cases: Land Law 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 land law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Aruna Nair, including her assessment of the wider questions raised by the decision.

Chapter

This chapter considers ‘illegality’ as a ground of judicial review. Illegality is one of the three main grounds of judicial review as outlined by Lord Diplock in Council of Civil Service Unions & Others v Minister for the Civil Service. Broadly, the aim of this ground of judicial review is to ensure that public authorities act within the scope of their powers. This means that illegality is a wide ground of judicial review and is best considered as an umbrella term for a range of different ways in which a decision by a public authority can be challenged. A decision can be challenged under this ground of judicial review on the basis that the public authority lacks the power to make the decision in the first place, or if it does have the power, then the power has been exercised incorrectly.

Book

Essential Cases: Land Law 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 land law. Each summary begins with a review of the main case facts and decisions. The summary is then concluded with expert commentary on the case from the author, Aruna Nair, including her assessment of the wider questions raised by the decision.

Book

Essential Cases: Criminal Law 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 criminal law. 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, Jonathan Herring, including his assessment of the wider questions raised by the decision.

Book

Essential Cases: EU Law 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 EU law. 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, Noreen O'Meara, including her assessment of the wider questions raised by the decision.

Book

Essential Cases: Contract Law 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 contract law. 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, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.

Book

Essential Cases: Contract Law 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 contract law. 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, Nicola Jackson, including an assessment of the wider questions raised by the decision. It can act as a succinct reference source alongside your core textbooks as you proceed through your course. It can also be used as a stand-alone revision aid as you approach examinations. But central to the Essential Cases series is the aim to encourage your own critical exploration of the legal matters under discussion. Where possible, a link to a free-to-access full version of the judgment is included in each summary, providing you with an opportunity to deepen your understanding by reading the judgment of the court for yourself.

Book

Essential Cases: Criminal Law 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 criminal law. 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, Jonathan Herring, including his assessment of the wider questions raised by the decision.

Chapter

This chapter begins with an overview of the Mental Capacity Act 2005 (MCA 2005) followed by a discussion of the principles of the MCA 2005. It then explains the meaning of incapacity and best interests as defined in the MCA 2005,s and considers the provisions for advance decisions regarding treatment.

Chapter

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter first explains the open texture of law, which shows that there are, indeed, areas of conduct where much must be left to be developed by courts or officials, striking a balance between competing interests that vary in weight from case to case. It then discusses the varieties of rule-scepticism, finality and infallibility in judicial decision, and uncertainty in the rule of recognition.

Chapter

This chapter describes the meetings of shareholders and the resolutions passed during such meetings. It covers the types of general meeting; resolutions; calling a general meeting; notice of meetings; proceedings at meetings; minutes and returns; and written resolutions.

Chapter

An interim application is any application made to the court that requires a judicial decision. This is usually in the time between a case being issued and the final trial or determination of the action. This chapter considers the nature of interim applications. It discusses the interim applications made with and without notice, and those made with and without a hearing. It also explains common procedure and time estimates.

Chapter

Ross Cranston, Emilios Avgouleas, Kristin van Zweiten, Theodor van Sante, and Christoper Hare

The chapter first discusses the general principles governing a bank's liability. One way to approach the topic involves a consideration of the relevant doctrines whereby banks can incur liability. Section I selects just a few such doctrines. Another approach considers the various factual matters which feed into legal decisions about bank liability. The same factors recur across different legal doctrines: indeed, they arise for consideration in other systems of law. This is the focus of Section II. Section III considers advisory liability, which can arise in two ways: a failure to advise where the law imposes a duty to do so, and a failure to advise adequately when a bank assumes the task of advising a customer or third party. Section IV turns to the English law doctrines which have a particular application to transactions involving those the law regards as vulnerable. The final section deals with ‘lender liability’.

Chapter

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers the questions that arise when trustees are given a dispositive discretion, i.e. the power to decide whom to pay, how much, and when. It first identifies five of the most important types of dispositive discretion: discretionary trusts; powers of appointment; powers of accumulation; powers of maintenance; and powers of advancement. It then turns to the duties and certainty requirements in trusts involving dispositive discretions. There are two main ones. The first is remaining within the terms of the disposition as laid down by the settlor (above all, paying only the right people). The other is handling the exercise of the discretion in a proper way. The chapter also discusses the proper bases for a decision and the depth of information with which trustees are required to equip themselves before making their decision.

Chapter

This chapter discusses the following: alternative dispute resolution (ADR) and civil justice; mediation; arbitration; ADR in different settings; judicial decisions and ADR; evaluating ADR; and the attitude of the legal profession towards ADR.

Chapter

This chapter first describes the composition of the magistracy. It then discusses the mode of trial; bail decisions; summary trial; legal aid; other significant actors in the magistrates' court; and specialist magistrates' court hearings.

Chapter

This chapter describes the meetings of shareholders and the resolutions passed during such meetings. It covers the types of general meeting; resolutions; calling a general meeting; notice of meetings; proceedings at meetings; minutes and returns; and written resolutions.