Now in its eighth edition, this popular and readable book is intended mainly for students of the English legal system seeking a clear and topical account of the more important institutions and practices of our legal process. This book includes chapters on remedies so as to introduce students at an early stage to the major forms of redress available in both private and public law. Their inclusion will be helpful to the understanding of contract, tort, administrative, property and equity law. For this reason the book will be useful to those who have advanced beyond the first stage of their course. This new edition has been fully revised to take account of developments in the legal process since the publication of the seventh edition. It includes references to the Crime and Disorder Act 1998, the Competition Act 1998, the Data Protection Act 1998, the European Communities (Amendment) Act 1998, the Human Rights Act 1998, and the Access to Justice Act 1999. Many recent Court of Appeal and High Court case law developments are incorporated, including decisions on the correct test for determining whether an employment tribunal hearing is ‘in public’; whether a threat is an ‘insult’ for the purposes of the law of contempt; offences of strict liability; the per incuriam doctrine; the duty of counsel to keep up-to-date with new case law; damages for mental distress caused by the breach of a contract to provide pleasure, relaxation or peace of mind; and miscarriages of justice involving Patrick Nicholls, Ryan James and Danny McNamee. Important pronouncements by the House of Lords are noted on a variety of subjects, including decisions on challenges in a criminal court to the validity of delegated legislation; the recovery of money paid under a mistake of law; the inherent jurisdiction of the House to order the rehearing of an appeal; the requirements of mens rea in statutory offences; the purposeful approach to statutory interpretation; prospective overruling; the limits of judicial law-making; the rule against bias; and the effect of delay in seeking permission to apply for judicial review.
The English Legal Process
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Author: Terence Ingman
ISBN: 9781841740287
Publication Date: Jan 8, 2000
Format: Hardback
Country: UK
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The word “charge” is wider in purport and includes, beside the element of offence, the reference to the person who is alleged to have committed it. Thus, the expression ‘a misjoinder of charges’ in Section 537(b) means the misjoinder either of the offences or of the persons alleged to have committed the offences. To hold that it refers only to the misjoinder of the first, would be to unnecessarily narrow the purport and effect of that section.
