Role of a Judge

Criminal Liability for Omissions To be guilty of a criminal offence under UK law, a defendant must usually have both the actus reus and the mens rea of the criminal offence. The actus reus is the guilty act, and the mens rea is the guilty mind. If both elements are present at the same time, then the defendant can be found guilty and punished under criminal law. When establishing actus reus, it is normally required that the defendant has committed a positive and voluntary act.

Advantages and Disadvantages of the Purposive Rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here.   Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the purposive rule. We will explore the advantages and disadvantages of the purposive rule in detail. You can access the evaluation of each o

Advantages and disadvantages of the mischief rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here.   Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the mischief rule. We will explore the advantages and disadvantages of the mischief rule in detail. You can access the evaluation of each of

Advantages and Disadvantages of the Golden Rule In our previous blog posts we have explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here.   Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the golden rule. We will explore the advantages and disadvantages of the golden rule in detail. You can access the evaluation of each of t

Advantages and Disadvantages of the Literal Rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here.   Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the literal rule. We will explore the advantages and disadvantages of the literal rule in detail. You can access the evaluation of each of the

Statutory Interpretation What is Statutory Interpretation? Before we begin our exploration of the different rules of interpretation, it is important to know why statutory interpretation exists in our legal system. To understand this topic, we must first understand that Acts of Parliament are laws made by Parliament and they are the main source of law in the UK. Once an Act has been passed, it is the role of judges to apply the laws and rules contained within the Act when deci

Negligence Evaluation This blog focuses on evaluation of Negligence. A core Tort Law topic. Negligence is a type of civil wrong that allows individuals (claimants) to claim when they have suffered injury, loss or damage due to someone else’s actions or omissions. To succeed in a negligence claim, a claimant must prove three key elements: A duty of care  was owed by the defendant. That duty was breached . The breach caused foreseeable damage . Duty of Care A duty of care exist

The Formation of Marriage This blog will explore the legal rules and regulations that are related to the law of marriage, a key area of family law.   The Definition of Marriage: If we look at a marriage from a purely legal (not romantic) stance then a marriage is a legally recognised union between two people who become partners in a personal relationship. It essentially is a form of a contract between two people and once a couple is married, the law gives them legal rights an

Digital Markets, Competition and Consumers Act 2024 In this blog post, we will explore the Digital Markets, Competition and Consumers Act 2024 and explain how it has updated the law on unfair commercial practices. This is an important development as it modernises consumer protection to reflect how contracts are now formed and performed in a modern digital world. The Act received Royal Assent in April 2024 and came into force on 6 April 2025. It represents the most significant

Breach of Duty in Negligence Under the law of negligence, a claimant can bring a civil claim for compensatory damages if they have suffered injury or damage as a result of the defendant’s actions. The law of negligence is concerned with compensating individuals when injury or damage has been caused by the defendant’s failure to take reasonable care. To succeed in a negligence claim, the claimant must prove three elements: 1.      That the defendant owed them a duty of care; 2

Article 5: The Right to Liberty and Security Article 5: The Right to Liberty and Security Article 5 of the European Convention on Human Rights (ECHR) protects one of the most important freedoms that we have, the right to liberty and security of the person. This right is important because it protects individuals from being unfairly detained or having their freedom taken away by the State without a good legal reason. Article 5 is a limited right, this means that it can be restr

An Introduction to Human Rights: From Magna Carta to Modern Day Human rights are the basic rights and freedoms that belong to every person simply because they are human. Today, we expect things such as the right to fair trials, freedom of expression, and protection from discrimination, but these rights and freedoms have developed slowly over many centuries. This blog is an introduction to human rights and will guide you through the key moments in the development of human righ

Acceptance Contract Formation: Acceptance Once a valid offer has been made, the next essential step in forming a contract is acceptance. Acceptance is the moment an agreement becomes legally binding, so it is important to understand how, when, and by whom it can be made. What is Acceptance? Acceptance is an unqualified agreement to all the terms of the offer. The offeree must accept exactly what has been offered, without altering or adding anything. If the response changes an

Offer Understanding what counts as an offer is one of the foundations of forming a contract. If there is no valid offer, there cannot be a valid acceptance and therefore no contract. What is an Offer? An offer is a clear statement that someone is willing to make a contract on specific terms, as soon as the other person accepts. The person making the offer is the offeror, and the person receiving it is the offeree. There are two main types of offers. Bilateral offers are made

How to revise for law exams Revising for A-Level Law or BTEC Law can sometimes feel overwhelming. You are expected to remember legal rules, apply them to scenarios, recall cases (including names and legal rules), and construct clear legal arguments in exam conditions. However, revision does not have to be stressful or confusing. With the right approach, you can revise efficiently, develop confidence in your knowledge, and improve your exam performance. In this blog we will ex

Advantages and Disadvantages of using a jury Juries have been a central feature of the English legal system for centuries. In criminal trials, they play a vital role in deciding whether a defendant is guilty or not guilty. While many see juries as a symbol of democracy and fairness, their use is not without criticism. This blog will explore both the advantages and disadvantages of using a jury in criminal trials. Advantages of Using a Jury: Private Decisions: One of the key a

Compensatory Damages   When a claimant has successfully proven their case in tort law, the court will award a remedy to address the loss or harm that they have suffered. A remedy is the legal outcome that is designed to put things right. The two main tort law remedies that the court can award are compensatory damages (a financial payment to the claimant) and injunctions (a court order requiring the defendant to do something or to stop doing something). In this blog, we will e

The Occupiers' Liability Act 1984 The Occupiers' Liability Act 1984 (OLA 1984) covers situations where a person enters land or property without permission (a trespasser). The Occupiers’ Liability Act 1984 provides occupiers with a limited duty of care to non-visitors (trespassers). The 1984 Act recognises that occupiers may still owe a duty of care to those who enter their premises without permission. This duty is far more restrictive than that under the 1957 Act, only person

Engage Students at Your Next Open Event with the TeachLaw Legal Trail. Free Open Event Resource at the end of this blog page. Law open events are a key opportunity to inspire potential students, showcase your law department, and demonstrate what studying law is really like. But we know they can also be hectic, busy, and challenging to manage, especially when you want to give visitors a meaningful experience. That is why we have created the TeachLaw Legal Trail, a ready to use