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Chapter

Cover The Principles of Equity & Trusts

1. An Introduction to Equity  

This chapter introduces the nature of Equity. It provides a legal definition of Equity and offers a background of its history from the Middle Ages. It discusses the contemporary contribution of Equity to English law in a variety of different contexts, particularly in the commercial sphere. The chapter also examines fundamental feature of Equity, which is the division between the recognition and protection of property rights and personal rights. This chapter explains that Equity is not an independent system of law, but it has a distinct identity and function to modify the rigours of the Common Law and to create rights.

Chapter

Cover Civil Liberties & Human Rights

3. Personal Liberty (Article 5) I: Stop, Search, and Arrest  

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the laws which justify invasions of personal freedom. The majority of the powers discussed are available to police officers only, though in some cases they may be exercised by other officials, or even by private citizens. It first considers provisions for stop, search, and arrest under the Human Rights Act 1998. It then turns to the exercise of powers of stop, search, and arrest under the Police and Criminal Evidence Act 1984.

Chapter

Cover Land Law

3. Personal Rights and Property Rights  

This chapter examines property rights in land and personal rights that may allow a party to make a particular use of land. It first considers the distinction between personal rights and property rights before addressing the content question: whether the type of right claimed by a party counts as a property right. To answer that question, a distinction is made between different types of property right. The most important distinction is between legal property rights, on the one hand, and equitable property rights, on the other. The chapter also discusses licences to use land and contrasts their operation and effect with those of property rights in land. It highlights the nature of licences and the controversy over contractual and estoppel licences and concludes with an analysis of the relationship between the law of leases and of licence.

Chapter

Cover Concentrate Questions and Answers Land Law

8. Proprietary Estoppel  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter examines how to decide whether the circumstances of the case give rise to a constructive or resulting trust, a contractual licence, or to the doctrine of proprietary estoppel, and the remedies satisfying a proprietary estoppel. The question of the role of unconscionability in the doctrine of proprietary estoppel remains topical, and the issue of proportionality between detriment and remedy, now a key concern of the courts, is examined.

Chapter

Cover Concentrate Questions and Answers Land Law

9. Leases and Licences  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about the law relating to leases and licences and leasehold agreements. This is an area of law which has been the source of much litigation and the debate on the fundamental distinction between a lease (an interest in land) and a licence (a personal right) remains important (despite changes on the statutory protection of leases) in determining whether rights granted to an occupier bind a third party.

Chapter

Cover The Principles of Equity & Trusts

1. An Introduction to Equity  

This chapter introduces the nature of Equity. It provides a legal definition of Equity and offers a background of its history from the Middle Ages. It discusses the contemporary contribution of Equity to English law in a variety of different contexts, particularly in the commercial sphere. The chapter also examines a fundamental feature of Equity, which is the division between the recognition and protection of property rights and personal rights. This chapter explains that Equity is not an independent system of law, but it has a distinct identity and function to modify the rigours of the Common Law and to create rights.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

11. Article 8: The right to respect for private and family life, home, and correspondence  

David Harris, Michael O’Boyle, Ed Bates, Carla Buckley, and Michelle Lafferty

This chapter discusses Article 8 of the European Convention on Human Rights, which is described as the ‘least defined and most unruly of the rights enshrined in the Convention’. Article 8 places on states the obligation to ‘respect’ a wide range of undefined personal interests which embrace a number of overlapping and inter-related areas, including some LGBT rights. None of the four interests covered by Article 8(1)—private life, family life, home, and correspondence—is defined in the Convention and their content is a matter of interpretation.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

11. Article 8: The Right to Respect for Private and Family Life, Home, and Correspondence  

David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green

This chapter discusses Article 8 of the European Convention on Human Rights, which is described as the ‘least defined and most unruly of the rights enshrined in the Convention’. Article 8 places on states the obligation to ‘respect’ a wide range of undefined personal interests which embrace a number of overlapping and interrelated areas, including some LGBT rights. None of the four interests covered by Article 8(1)—private life, family life, home, and correspondence—is defined in the Convention and their content is a matter of interpretation.

Book

Cover The Principles of Land Law
The Principles of Land Law provides a framework through which readers can gain a sophisticated understanding of the modern land law system. Firstly, the text explains the key learning objectives. Principles are summarised to conclude each chapter with a comprehensive overview of the topic at hand. Key cases are explained while examples illustrate problems and possible solutions. The aim is to ensure that readers understand how to apply the core principles to land law scenarios accurately, while also conducting their own critical analysis of the subject area. Topics covered include personal and property rights in land, land registration, adverse possession, freehold, leases and mortgages, ownership, and human rights and property law.

Book

Cover Land Law

Ben McFarlane, Nicholas Hopkins, and Sarah Nield

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This text incorporates a unique approach to land law which helps students understand how rules work in isolation as well as how they interlink. This approach provides the tools to accomplish high-level analysis quickly. Significant cases are emphasized here and are used to illustrate rules. Topics covered include: an introduction to what land law is, human rights, personal and property rights, and registered title. Chapters also look at the acquisition of equitable interests, trusts of land, leases, mortgages, security interest in land, easements, freehold covenants, and the defences question. Finally, the text ends with an overview of concepts and contexts.

Chapter

Cover Thompson's Modern Land Law

1. Introduction to Property and Land  

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is a third-party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third-party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

Chapter

Cover Equity & Trusts

1. Introduction to Equity  

Paul S Davies and Graham Virgo

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 discusses the concept of Equity and defines it as the body of law that has been made and developed by judges in the Chancery courts to modify the rigid application of the common law. It is grounded on rules, principles, and doctrines that are strictly interpreted, but their application and the remedies awarded can be tempered by the exercise of judicial discretion to ensure a just and fair result. It plays an important role in many contemporary aspects of the law, including commercial and corporate law. A distinction between property rights and personal rights lie at the heart of Equity, and there exists no substantive fusion between Common Law and Equity as bodies of rules — even if their administration has been conjoined into a single procedural system. The chapter also discusses a variety of equitable maxims that are useful generalizations of complex law.

Chapter

Cover The Principles of Land Law

2. Personal and Property Rights in Land  

This chapter explains the nature of land as a legal concept, as well as the nature of rights in land. Land includes both corporeal things — such as land and buildings — and incorporeal things, such as rights over land. Property rights in relation to land come in two forms: estates and interests. Estates are rights which a person holds in their ‘own land’, while interests are rights which a person holds in relation to another's land. Both of these are proprietary; proprietary interests are those rights which are capable of having third party effects. Therefore, the crucial distinction between personal and property rights is about the effect that these rights can have on third parties. The chapter then looks at the numerus clausus (closed list) of property rights. If a right is not part of this list, then it is licence. Licences are the generic category of rights that relate to land but which are not property rights. The four categories of licence include estoppel licences, bare licences, contractual licences, and licences coupled with an interest. The chapter concludes by exploring the concept of relativity of title in English land law.

Chapter

Cover Land Law

1. Introduction to Land Law  

This chapter provides an introduction to land law and the subject’s foundational principles. Land law is the law of real property. It is ‘that part of the general law which governs the allocation of rights and responsibilities in relation to “real” or “immoveable” property’. Land law is about rights in things; in other words, rights in the land rather than rights which are merely personal to the people who created them. More specifically, land law creates a framework in which a variety of relationships between people and land can operate. Land law is concerned with the nature, creation, and protection of rights in land and also the content of those rights.

Chapter

Cover Sealy and Hooley's Commercial Law

2. Basic concepts of personal property  

D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner

This chapter explores some basic concepts of personal property and personal property law. It first explains the distinction between personal and real property before discussing the nature of personal property and analysing the characteristics and significance of property rights. There is then detailed consideration of ownership and possession of chattels, the acquisition and transfer of legal and equitable ownership, and attornment. This is followed by an account of the acquisition and transfer of legal and equitable ownership in choses in action and intangibles. The chapter concludes with an examination of the remedies for recovery of, and interference with, personal property and remedies available for protection of equitable property, including claims to trust assets and claims for breach of trust.

Chapter

Cover Tort Law: Text and Materials

14. Privacy  

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.

Chapter

Cover Casebook on Tort Law

14. Invasion of privacy  

This chapter discusses different aspects of privacy. It shows that there is no general common law right to protection from invasion of privacy (the so-called ‘right to be let alone’), but that limitation has been largely subverted by the new law in the second section on the protection of personal information and the reasonable expectation of privacy that has developed significantly in recent years. This shows the potential power of the Human Rights Act 1998 and the European Convention on Human Rights, and is the subject of considerable controversy, especially in relation to the protection of celebrity privacy. The final section considers remedies in privacy cases.

Chapter

Cover Steiner & Woods EU Law

23. Free movement of persons: limitations on grounds of public policy, public security or public health  

This chapter examines the European Union (EU) law concerning the free movement of persons and the limitations of this right on grounds of public health, public security, or public policy, including the ‘rule of reason’ and expulsion, refusal of entry or an entry ban due to criminal offences or other personal conduct. It analyses the relationship between the Citizens’ Rights Directive (CRD) (Directive 2004/38/EC) and its relationship with Treaty provisions. It considers the substantive scope of the derogation provisions and the procedural guarantees in the CRD applicable to EU citizens and their family members facing expulsion, refusal of entry or entry bans.

Chapter

Cover Concentrate Questions and Answers Equity and Trusts

14. Equitable Remedies  

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers, and author commentary. This book offers advice on what to expect in exams and how best to prepare. This chapter covers questions on equitable remedies.

Chapter

Cover Equity & Trusts Law Directions

18. Tracing  

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. Trustees have personal liability in an action for compensation or account. If the action proves worthless in practice because the trustees are impecunious or have been declared bankrupt, and hence cannot repay trust monies to the fund, the beneficiaries may be able to trace the value of their trust property into bank accounts and into assets that have been bought with the trust property. It is the value of the trust property, not the precise item of the property itself, which is sought or traced in most cases. Tracing is a process that gives rise to the ultimate remedy of recovering misapplied money or property. This chapter examines tracing and the limits to common law tracing, the distinction between proprietary remedies and personal remedies, and how the rules for tracing in equity may be applied to unmixed funds, mixed funds and assets purchased with such funds. It also discusses the artificiality of the distinction between common law and equitable tracing rules, defences to the common law restitutionary claim and advantages of proprietary rights.