CILEX L3 Study Guide 2026

The Human Rights Act 1998 incorporated the rights contained in the European Convention on Human Rights (ECHR) into UK domestic law. This means individuals can enforce Convention rights directly in UK courts rather than having to take their case to the European Court of Human Rights in Strasbourg.

A conditional order means the court is satisfied that grounds for divorce exist but the marriage is not yet dissolved; a final order is still required.

Under Hadley v Baxendale [1854], losses are recoverable only if they were within the reasonable contemplation of the parties at the time of contracting as a probable result of breach.

Section 1(1) of the Criminal Attempts Act 1981 provides that a person is guilty of attempting to commit an offence if, with intent to commit the offence, they do an act which is more than merely preparatory to the commission of the offence. The distinction between preparatory acts and acts that go beyond mere preparation is a question of fact for the jury (R v Gullefer [1990]).

The key distinction is the right of survivorship (jus accrescendi). Under a joint tenancy, when one co-owner dies, their interest automatically passes to the surviving joint tenant(s), regardless of any will. Under a tenancy in common, each co-owner has a distinct share that forms part of their estate on death and passes under their will or the intestacy rules. At law, co-owners must hold as joint tenants (s.36 LPA 1925), but in equity they may hold as tenants in common.

Courts assess the standard of care by balancing: the probability that harm will occur, the severity of potential damage, the cost and practicability of precautions, and the social utility of the defendant's conduct (Blyth v Birmingham Waterworks [1856]; Bolton v Stone [1951]).