What Is Vicarious Liability? Vicarious liability arises where one person (usually an employer) is held legally responsible for the torts committed by another (usually an employee). Most commonly, an employer becomes liable for torts committed by employees during the course of employment.

The aims of sentencing The Aims of Sentencing in English Law When a person is found guilty of a criminal offence, the judge or magistrate must decide on an appropriate sentence. Before the magistrates or judges can choose a punishment, they first must consider what they are trying to achieve through that sentence. Sentencing is not simply about punishing someone; it is also about protecting society, reducing crime, helping offenders change their behaviour, and supporting vict

Loss of Control Explained Loss of control is a partial defence to murder, here the law is recognising that the defendant has killed the victim but they are not fully liable for murder as they have acted out of a loss of control. The law therefore provides a partial defence to murder in these circumstances and if the defence is successful, the conviction is reduced to voluntary manslaughter (loss of control). This is important because it removes the mandatory life sentence and

Intoxication Intoxication is a partial defence within criminal law, it provides a defence when the defendant was unable to form the mens rea for the crime as their state of mind was affected by an intoxicating substance such as: alcohol illegal drugs solvents prescribed medication spiked drinks The rules of this defence and availability, are quite strict this is because the courts do not want people to escape liability just because they were under the influence of

The Law of Murder Explained Murder is arguably one of the most serious offences in English criminal law. It is a common law offence, this means that it has been developed over time through court decisions rather than being fully written in to legislation. Over time, judges have shaped the offence so that it can apply to a wide range of real-life situations. The common law definition of murder comes from Lord Coke, who described it as “the unlawful killing of a reasonable crea

ADR student blog and activities

Ultra Vires Delegated legislation plays a very important role in the UK legal system. It allows individuals or bodies other than Parliament to make law using powers granted to them in an Enabling Act (also known as a Parent Act). Whilst this system allows laws to be made quickly and by people with specialist knowledge, it also raises an important constitutional issue in the fact that delegated legislation is created by unelected individuals. Due to this, delegated legislation

Role of Barristers Barristers are specialist legal professionals who primarily represent clients in court. The role of a barrister can be interesting and varied. They are experts in advocacy, which means that they represent their clients in court by presenting legal arguments and evidence in front of a judge and sometimes a jury. Barristers play a key role in the justice system in England and Wales, particularly in more serious or complex cases heard in higher courts such as

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.

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

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

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