1. Introduction

Tort Law ◽  
2019 ◽  
pp. 1-24
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Legal Liability ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Definition Of

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

1. Introduction

2021 ◽  
pp. 1-24
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Legal Liability ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Definition Of

This introductory chapter begins with a definition of tort law and the interests that tort law protects. To say that the law of tort protects an individual’s rights or interests does not mean that a claimant will succeed simply by showing that the defendant harmed them or infringed their rights. Tort law lays down a set of rules stating when exactly a harm or infringement of one’s interest will give rise to legal liability. The chapter discusses the disparate functions of tort law and illustrates them through the case of Woodroffe-Hedley v Cuthbertson [1997]. The chapter then explains the significance of the Human Rights Act 1998 for tort law.

1. Introduction

Tort Law ◽  
2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Tort Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

This introductory chapter begins with a definition of tort law. It then discusses the disparate functions of tort law, which are illustrated through the case of Woodroffe-Hedley v Cuthbertson [1997]. Finally, the chapter explains the significance of the Human Rights Act 1998 for tort law.

Religion and the Law of Charities

2006 ◽  
Vol 8 (38) ◽  
pp. 246-265
Author(s):  
Miguel Rodríguez Blanco
Keyword(s):  
Human Rights ◽  
Religious Pluralism ◽  
Public Benefit ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of Religion ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Charitable Purpose

This article attempts an overview of the application of the law of charities to religion. Charity law is currently subject to revision. The advancement of religion has been one of the traditional charitable purposes defined as such in the common law. In this area of law both the courts and the Charity Commission have applied a neutral approach toward all religious denominations. This approach is in principle consistent with the content of the Human Rights Act 1998. Nevertheless the growth of religious pluralism in society and the appearance of new religions and groups generate many doubts about the definition of religion as charity. On the one hand, the courts have offered a theistic definition of religion, which is not applicable to all religious groups. On the other, in every charitable purpose some element of public benefit must be present. For religious purposes the courts assume the presence of a public benefit unless the contrary is shown, but it is not clear that all religious practices are beneficial to the community. The aim of this article is to promote a discussion about the definition of religion as a charitable purpose, to identify the problems connected with the growth of religious pluralism, and to offer some remarks about the impact of the Human Rights Act 1998 on the law of charities.

1. Introduction: The Shape of Tort Law Today

Tort Law ◽  
2017 ◽  
Author(s):  
Jenny Steele
Keyword(s):  
Human Rights ◽  
Strict Liability ◽  
Tort Law ◽  
Material Damage ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Academic Debate

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 introduces the reader to tort law, with emphasis on its principles of liability and the approach taken to the interaction between parties. It first maps the various types of torts, including torts of strict liability and torts requiring intention, and the nature of the ‘wrongs’ with which they are concerned, in terms of protected interests, relevant ‘conduct’, and whether the tort requires ‘actual’ or ‘material’ damage. The chapter concludes by discussing two current challenges to the law of tort: ‘compensation culture’ and the costs of tort, and the influence of the Human Rights Act 1998.

1. Introduction

2021 ◽  
pp. 1-26
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Direct Evidence ◽  
Circumstantial Evidence ◽  
Law Reform ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Basic Concepts ◽  
The Law ◽  
Law Of Evidence

Chapter 1 examines a number of basic concepts and distinctions in the law of evidence. It covers facts in issue and collateral facts; relevance, admissibility, and weight; direct evidence and circumstantial evidence; testimonial evidence and real evidence; the allocation of responsibility; exclusionary rules and exclusionary discretions; free(r) proof; issues in criminal evidence; civil evidence and criminal evidence; the implications of trial by jury; summary trials; law reform; and the implications of the Human Rights Act 1998. This chapter also presents an overview of the subsequent chapters.

6. Parliamentary sovereignty

2021 ◽  
pp. 81-93
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Legislative Process ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the devolution of the legislative process.

4. Personal Liberty (Article 5) II: Detention and Questioning

2017 ◽  
Author(s):  
Ruth Costigan ◽  
Richard Stone
Keyword(s):  
Human Rights ◽  
Sufficient Evidence ◽  
Police Station ◽  
Personal Liberty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Article 5

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the issues arising from more extended detention, generally at a police station. It focuses on the grounds for such extended detention prior to charge, and the procedures which must be adopted in relation to it. It considers the rights of a citizen who is a ‘suspect’ but against whom the police do not have sufficient evidence to charge with an offence. Relevant provisions under the Human Rights Act 1998 and the Police and Criminal Evidence Act 1984 are discussed.

2. Burden of proof

2019 ◽  
pp. 10-36
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
Burden Of Proof ◽  
Case Law ◽  
Detailed Examination ◽  
European Convention ◽  
Presumption Of Innocence ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Civil Cases

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.

1. Introduction, principles, and key concepts

2019 ◽  
pp. 1-9
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Key Concepts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

This chapter introduces the principles and key concepts underlying the law of evidence, with an emphasis on criminal evidence. It reviews Article 6 of the European Convention on Human Rights (ECHR), now part of English law as a result of the Human Rights Act 1998. It concludes by highlighting the importance of analysis of the relevance of the facts in a trial.

16. Invasion of privacy

Tort Law ◽  
2019 ◽  
pp. 446-481
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Human Rights ◽  
Private Information ◽  
Freedom Of Expression ◽  
Free Standing ◽  
Legal Concept ◽  
Invasion Of Privacy ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Law ◽  
Right To Information

This chapter examines the nascent ‘tort’ of invasion of privacy. It first considers why no free-standing tort of invasion of privacy exists, before looking at breach of confidence—a legal concept straddling tort and equity and concerned with ‘secrets’ and judicially adapted to protect privacy by developing the new tort of misuse of private information. The chapter then asks whether developments in the law protecting privacy—particularly in the wake of the Human Rights Act 1998—threaten freedom of expression and therefore the general public’s ‘right’ to information, particularly about celebrities, including royalty and politicians.

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