Acknowledgements
With thanks to Kent Law School which funded research assistance for this paper and to Gauri Nanayakkara who provided that assistance.
Notes
1. We have both had the pleasure of working closely with Martin at different times – one as a co‐author and the other in his pioneering work at the Law Commission.
2. We do not have the space here to explore the legal evolution of this concept (for a detailed discussion see Arden et al. Citation2006, Chapter 6). We would distinguish between intentionality and vulnerability, however, because intentionality, while legally complex, is conceptually straightforward in having a purely gate keeping function.
3. The same categories featured in the Welsh Statutory Instrument, although the wording is arguably more generous in Wales (see Roberts Citation2007' Rubens Citation2008).