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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. Article 6 is the right to a fair trial. It looks at the scope of Article 6 – the kinds of trial it deals with; and defines “determines”, “civil rights and obligations” and “criminal charge” for this purpose. It then goes on to consider the specific rights that are inherent in the idea of a hearing that is “fair” and tribunal that is “independent” and “impartial”. It also discusses the additional rights that are enjoyed by a defendant in a criminal trial. Of particular importance throughout the chapter is the issue of adjusting the concept of ‘fairness’ to the circumstances, particularly in the context of threats to national security. The need to protect the essence of a right to a fair hearing where there are important public interests justifying restrictions is an issue that is at the heart of the Article 6 case law. ...Less

This chapter provides an overview of tort law. It explains that tort law is a branch of the law of obligations which imposes liability for the breach of norms of conduct based on the type of interest at stake and the degree of fault. It provides a brief history of tort law. It then moves on to discuss the rights and interests protected by tort. It also considers theoretical perspectives about the proper parameters of tort, particularly about the bases of tortious liability and about whether tort law should serve individual or collective goals. ...Less

This chapter provides an overview of tort law. It explains that tort law is a branch of the law of obligations which imposes liability for the breach of norms of conduct based on the type of interest at stake and the degree of fault. It provides a brief history of tort law. It then moves on to discuss the rights and interests protected by tort. It also considers theoretical perspectives about the proper parameters of tort, particularly about the bases of tortious liability and about whether tort law should serve individual or social goals. ...Less

This chapter examines the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It first assesses the legal position prior to the introduction of the Acquired Rights Directive 2001, which is the source of TUPE. It then analyses the principal implications of TUPE and its provisions. It considers the circumstances when TUPE will apply and the extent to which TUPE has been interpreted progressively to include economic transactions and arrangements which transcend the transfer of an organization’s business and assets. The chapter also examines the impact of TUPE on the contract of employment, and discusses the information and consultation obligations imposed on transferors. ...Less