Curriculum Information

The Legal System of England and Wales and Sources of law

The courts:

• the judiciary

• court hierarchy, the appeal system and jurisdiction

• rights of audience.

Development of case law: the doctrine of precedent

Primary legislation: the structure of an act of Parliament

Statutory interpretation:

• the literal rule

• the golden rule

• the mischief rule

• the purposive approach

• presumptions

• aids to statutory interpretation and construction.

Constitutional and Administrative law and EU law

Core institutions of the state and how they interrelate:

• parliament and parliamentary sovereignty

• central government and accountability

• status of the devolved institutions and their relationship with Westminster

• the monarch and the Crown

• the role of constitutional conventions

• prerogative power: relationship with legislation and constitutional conventions

• parliamentary privilege.

Legitimacy, separation of powers and the rule of law:

• powers and procedures for the enactment, implementation and repeal of primary and secondary legislation

• Public Order law

  • Processions

  • Assemblies

  • Breach of the peace

• judicial review

  • the nature, process and limits of judicial review

  • supervisory nature

  • remedies

  • decisions which may be challenged

  • standing

  • time limits

  • grounds:

    • illegality

    • irrationality

    • procedural impropriety

    • legitimate expectation.

Human Rights Act 1998 and the European Convention on Human Rights:

• ss.2, 3, 4, 6, 7, 8, 10 Human Rights Act 1998

• Schedule 1 HRA 1998 the \\\"Convention Rights\\\".

The place of EU law in the UK constitution:

• Sources of retained EU law

• Categories/status/interpretation of retained EU law

• Modification/withdrawal of retained EU law

• Parliamentary sovereignty and retained EU law.

The following core principles will also be covered:

Contract law

Formation:

• offer and acceptance

• consideration

• intention to create legal relations

• certainty

• capacity.

Parties:

• privity of contract

• rights of third parties.

Contract terms:

• express terms

• incorporation of terms

• terms implied by common law and statute

• exemption clauses

• the interpretation of contract terms (conditions, warranties and innominate terms)

• variation.

Vitiating factors:

• misrepresentation

• mistake

• unfair contract terms

• duress and undue influence

• illegality.

Termination:

• expiry or other specified event

• breach

• frustration

• basic principles of restitution and unjust enrichment in the context of termination of contract.

Remedies:

• damages

• liquidated sums and penalties

• specific performance

• injunctions

• duty to mitigate

• indemnities

• guarantees.

Causation and remoteness

Tort

Negligence:

• duty of care (standard (general and professional)) and breach

• causation (single and multiple)

• remoteness and loss

• principles of remedies for personal injury and death claims

• claims for pure economic loss arising from either a negligent act or misstatement

• claims for psychiatric harm

• employers’ primary liability (operation and effect of the common law principles).

Defences:

• consent

• contributory negligence

• illegality

• necessity.

Principles of vicarious liability

Occupiers’ Liability:

• legal requirements for a claim under the Occupiers’ Liability Act 1957 (in relation to visitors) and the Occupiers’ Liability Act 1984 (in relation to non-visitors)

• defences

• exclusion of liability.

Product liability: 

• principles in negligence

• principles of the Consumer Protection Act 1987.

Nuisance:

• public and private nuisance

• the rule in Rylands v Fletcher

• remedies (damages and injunctions) and defences.

Land law

Nature of Land:

• distinction between real property and personal property

• how to acquire and transfer legal and equitable estates

• how to acquire and dispose of legal and equitable interests in land

• methods to protect and enforce third party interests

• different ways in which land can be held

• legal formalities required to create and transfer interests and estates in land.

Title to Land:

• registration of title to land:

  • estates that can be substantively registered

  • how to protect interests

  • interests that override registration and interests that need to be protected on the register

• core principles of unregistered title to land:

  • role of title deeds

  • Land Charges

  • continuing role of doctrine of notice.

Co-ownership and Trusts:

• differences between joint tenants and tenants in common in law and in equity

• rule of survivorship

• severance of joint tenancies

• solving disagreements between co-owners by reference to sections 14 and 15 of Trusts of Land & Appointment of Trustees Act 1996.

Proprietary Rights:

• essential characteristics of easements

• methods for creation of easements

• rules for the passing of the benefit and burden of freehold covenants

• mortgages, including enforceability of terms, priority of mortgages, lender’s powers and duties, and protection of mortgagors and other third parties with an interest in the land.

Leases:

• relationship between landlord and tenant in a lease

• essential characteristics of a lease including the difference between a lease and a licence

• privity of contract and privity of estate

• rules for the passing of the benefit and burden of leasehold covenants and enforceability

• purpose and effect of an alienation covenant

• remedies for breach of leasehold covenants (including forfeiture)

• different ways a lease can be terminated.

Trust law

Creation and requirements of express trusts:

• the three certainties of intention, subject matter and objects:

  • fixed interest trusts

  • discretionary trusts

• formalities to create express inter vivos trusts

• constitution of express inter vivos trusts and exceptions to the rule that equity will not assist a volunteer.

Beneficial entitlement:

• fixed, discretionary, vested, contingent interests

• the rule in Saunders v Vautier.

The distinction between charitable trusts and non-charitable purpose trusts

Resulting trusts:

• how they arise and when they are (or are not) presumed.

Trusts of the family home:

• establishment of a common intention constructive trust:

  • legal title in the name of both parties/sole party

  • express declaration or agreement as to equitable ownership

  • direct and indirect contributions

• requirements to establish proprietary estoppel.

Liability of strangers to the trust:

• establishing recipient liability

• establishing accessory liability.

The fiduciary relationship and its obligations:

• eduty not to profit from fiduciary position

• trustees not to purchase trust property

• fiduciary not to put himself in a position where his interest and duty conflict.

Trustees:

• who can be a trustee; appointment, removal and retirement of trustees

• trustees’ duty of care

• trustees’ duty to invest (and powers in relation to investment)

• trustees’ statutory powers of maintenance and advancement.

Trustees’ liability:

• breach of trust

• measure of liability

• protection of trustees

• limitation period.

The nature of equitable remedies and the availability of tracing in equity.

Criminal law

The core principles of criminal liability relating to the specified criminal offences listed below:

Specified criminal offences:

• offences against the person:

• assault and battery

  • s. 47 Offences Against the Person Act 1861

  • s. 20 Offences Against the Person Act 1861

  • s. 18 Offences Against the Person Act 1861

• theft offences:

  • s. 1 Theft Act 1968

  • s. 8 Theft Act 1968

  • s. 9 Theft Act 1968

  • s. 10 Theft Act 1968

• criminal damage:

  • simple criminal damage

  • aggravated criminal damage

  • arson

• homicide:

  • murder

  • voluntary manslaughter

  • involuntary manslaughter (unlawful act manslaughter, manslaughter by gross negligence)

• fraud:

  • by false representation

  • by abuse of position

  • by failing to disclose.

Definition of the offence:

• actus reus

• mens rea.

General defences:

• intoxication

• self-defence/defence of another.

Partial defences:

• loss of control

• diminished responsibility.

Parties:

• principal offender

• accomplices

• joint enterprise.

Inchoate offences:

• Attempt to commit an offence.