bluuebunny/crossref_metadata_2025 huggingface dataset:
2008 Model Articles for Private Companies Limited by Shares
Authors: French Derek
Published: November 2023

2008 Model Articles for Private Companies Limited by Shares (2008 pcls) are the default articles of association for a private company limited by shares1 registered on or after 5 October 2009.2 In addition, all or any of the regulations contained in 2008 pcls can be adopted in the articles of association of any company registered on or after 5 October 2009.3 On or after 5 October 2009, on the registration under the Companies Act 2006, s 1040, of an existing non-Companies Acts company as a private company limited by shares, its existing constitution is treated as its articles of association,4 and 2008 pcls does not apply unless adopted by special resolution.5 On or after 5 October 2009, for re-registration as a private company limited by shares, of a public company under the Companies Act 2006, s 97, or of an unlimited company under s 105, the company must make such changes in its articles as are necessary in connection with its becoming a private company limited by shares,6 and those changes take effect on the issue of a certificate of incorporation on re-registration.7
1908 Form B
Authors: French Derek
Published: November 2023

1 April 19093 to 31 October 1929 in England and Wales and Scotland,4 to 31 December 1932 in Northern Ireland5 or to 31 March 1964 in the Republic of Ireland.6 In addition, all or any of the regulations contained in 1908 Table A could be adopted in the articles of association of any company registered from 1 April 1909 to 31 October 1929 in England and Wales or Scotland, to 31 December 1932 in Northern Ireland or to 31 March 1964 in the Republic of Ireland.7 In the United Kingdom, a company limited by guarantee without a share capital must be a private company, because only a limited company with a share capital can be a public company.8 In the Republic of Ireland, a company limited by guarantee without a share capital must be a public company, because only a company with a share capital can be a private company.9
1929 Table C
Authors: French Derek
Published: November 2023

In addition, all or any of the regulations contained in 1929 Table A could be adopted in the articles of association of any company registered from 1 November 1929 to 30 June 1948.5 A company registered in England and Wales or Scotland as a company limited by guarantee without a share capital must be a private company, because only a limited company with a share capital can be a public company.6 From 1 November 1929 to 30 June 1948, on the registration of an existing non-Companies Acts company under the Companies Act 1929, part 9 (ss 321–336), as a company limited by guarantee without a share capital, its existing constitution was treated as its memorandum and articles of association,7 subject to the statutory requirement of being in accordance with 1929 Table C or as near thereto as circumstances admitted.8 From 1 November 1929 to 30 June 1948, the re-registration of a company under the Companies Act 1929, s 16(1), as a company limited by guarantee without a share capital, took place in the same manner and had the same effect as if it were the first registration of the company,9 and so its memorandum and articles of association had to be in accordance with 1929 Table C, or as near thereto as circumstances admitted.10
1908 Form D
Authors: French Derek
Published: November 2023

31 October 1929 in England and Wales or Scotland,4 to 31 December 1932 in Northern Ireland5 or to 31 March 1964 in the Republic of Ireland.6 In addition, all or any of the regulations contained in 1908 Table A could be adopted in the articles of association of any company registered from 1 April 1909 to 31 October 1929, in England and Wales or Scotland, to 31 December 1932 in Northern Ireland or to 31 March 1964 in the Republic of Ireland.7 From 1 April 1909 to 31 October 1929, in England and Wales and Scotland,8 on the registration of an existing non-Companies Acts company under the Companies (Consolidation) Act 1908, part 7 (ss 249–266), as an unlimited company with a share capital, its existing constitution was treated as its memorandum and articles of association,9 subject to the statutory requirement of being in accordance with 1908 Form D or as near thereto as circumstances admitted.10 From 1 April 1909 to 31 October 1929, in England and Wales and Scotland,11 the re-registration of a company under the Companies (Consolidation) Act 1908, s 57(1), as an unlimited company with a share capital, took place in the same manner and had the same effect as if it were the first registration of the company,12 and so its memorandum and articles of association had to be in accordance with 1908 Form D, or as near thereto as circumstances admitted.13
Northern Ireland 1932 Table D
Authors: French Derek
Published: November 2023

Application: type of company and date of registration Northern Ireland 1932 Table D provides the model memorandum and articles of association for a company limited by guarantee with a share capital1 registered in Northern Ireland from 1 January 19332 to 31 March 1961.3 In addition, all or any of the regulations contained in Northern Ireland 1932 Table A could be adopted in the articles of association of any company registered in Northern Ireland from 1 January 1933 to 31 March 1961.4 From 1 January 1933 to 31 March 1961, on the registration of an existing non-Companies Acts company as a company limited by guarantee with a share capital, under the Companies Act (Northern Ireland) 1932, part 9 (ss 276–291), its existing constitution was treated as its memorandum and articles of association,5 subject to the statutory requirement of being in accordance with Northern Ireland 1932 Table D or as near thereto as circumstances admitted.6 From 1 January 1933 to 31 March 1961, the re-registration of a company under the Companies Act (Northern Ireland) 1932, s 16(1), as a company limited by guarantee with a share capital, took place in the same manner and had the same effect as if it were the first registration of the company,7 and so its memorandum and articles of association had to be in accordance with Northern Ireland 1932 Table D, or as near thereto as circumstances admitted.8
Northern Ireland 1960 Table E
Authors: French Derek
Published: November 2023

In addition, the articles of association of any company registered from 1 April 1961 to 23 September 1986 could adopt all or any of the regulations contained in Northern Ireland 1960 Table A, Part 1, or, from 1 April 1961 to 30 June 1983, Northern Ireland 1960 Table A, Part 2.4 From 1 April 1961 to 23 September 1986, on the registration of an existing non-Companies Acts company under the Companies Act (Northern Ireland) 1960, part 8 (ss 332–347), as an unlimited company with a share capital, its existing constitution was treated as its memorandum and articles of association,5 subject to the statutory requirement of being in accordance with Northern Ireland 1960 Table E or as near thereto as circumstances admitted.6 The re-registration, under the Companies Act (Northern Ireland) 1960, s 16(1), from 1 April 1961 to 30 July 1979,7 of a company as an unlimited company with a share capital, took place in the same manner and had the same effect as if it were the first registration of the company,8 and so its memorandum and articles of association had to be in accordance with Northern Ireland 1960 Table E, or as near thereto as circumstances admitted.9
2005 Community Interest Companies
Authors: French Derek
Published: November 2023

The Community Interest Company Regulations 2005 (SI 2005/1788) apply to any company which is formed as or becomes a community interest company (CIC) since 1 July 2005 in England and Wales and Scotland,2 and 6 April 2007 in Northern Ireland.3 A company limited by shares or a company limited by guarantee without a share capital may be formed as or become a CIC.4 A company limited by guarantee with a share capital may become a CIC.5 An unlimited company cannot be a CIC.6 The memorandum or articles of a CIC which is a company limited by guarantee without a share capital must contain the provisions prescribed in SI 2005/1788, sch 1.7 The memorandum or articles of a CIC which is a company limited by shares or a company limited by guarantee with a share capital must contain either the provisions prescribed in sch 2 or those in sch 3.8 Such a company must not include in its memorandum or articles any provision which purports to permit a dividend to be declared otherwise than by an ordinary or special resolution of its members.9
Technological Innovation
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

Managers of technological innovation have to know about the broad and aggregate features of technological innovation itself, as well as the context in which MTI occurs. They need to know about the different types and levels of innovation. They need to appreciate the strengths and weaknesses of the major measures of innovativeness, such as R&D investments, patenting performance, and innovation surveys. Managers need to understand how the innovation process is changing and how firms can search amongst the many different sources of innovation. And they need to appreciate the various outcomes of innovation, including how they are diffused and adopted by individuals and firms. These issues are the concern of this chapter.
What is asthma?
Authors: Hasan Arshad S , Suresh Babu K
Published: November 2023

Asthma is a long-term disease that affects the breathing tubes that carry air in and out of the lungs Childhood allergic asthma is more common in boys than in girls Around one in ten cases of asthma in adults is due to occupational exposure to allergens Estimates vary, but aspirin sensitivity may occur in 5−10% of asthmatics
Organizing Words
Authors: Gabriel Yiannis
Published: November 2023

Organizing Words presents a series of essays on some 220 widely used - and much debated - terms in the social sciences, and organization studies. Each essay explores the meanings and uses of the word; and also the controversies they have sparked. The book aims to be a first port of call for students, researchers and scholars who wish to familiarize themselves with these key ideas and use them in their own work. The book is neither an encyclopaedia nor a dictionary, but a thesaurus. As such it combines both the original meaning of a thesaurus as a treasure trove, with its more contemporary characteristics of an accessible and practical resource. Primarily aimed at those interested in social and organizational studies, it will appeal to all those interested in the human sciences. It does not claim to be canonical or all-inclusive, but each entry seeks to enlighten and help, without patronizing or obscuring disagreements and difficulties. The book seeks to be re-assuring without being complacent or 'comfortable', to be authoritative without being doctrinaire, and to be critical without being destructive. Words help us express ourselves, and make sense of our experiences and our actions; and they help us to organize ourselves, our thoughts and our universe. Organizing Words will be an invaluable resource for essay-writing and a useful tool in planning and carrying out projects and dissertations. Most of the entries have been written by Yiannis Gabriel, with 40 essays coming from other experts in particular areas.
P
Authors: Gabriel Yiannis
Published: November 2023

Paradigm is a term introduced by the philosopher Thomas S. Kuhn in his famous book The Structure of Scientific Revolutions to describe different coherent theoretical perspectives of looking at the world. These perspectives are composed of theories, concepts, and assumptions that do not only shape fundamental beliefs about the world, but also prescribe how these beliefs may be tested and confirmed. Paradigms thus embody numerous ontological and epistemological assumptions which condition the way scientists look at the world, the things they observe, and the way they think about their observations—they are mindsets as well as bodies of knowledge, mindsets from which it is very difficult to escape. Paradigms have a degree of cohesion achieved as communities of scientists come to share particular ways of looking at the world. Most of the time, Kuhn argued, scientists work within the parameters and assumptions of specific paradigms in what he termed ‘normal science’. From time to time, however, anomalies begin to emerge that cannot be accommodated within a paradigm and anomalies may build up to the point where a crisis occurs and alternative and competing paradigms may emerge. It is then that a scientific revolution takes place as increasing numbers of scientists abandon the old paradigm for the new. The Copernican and the Einsteinian revolutions are such instances where an old paradigm rife with anomalies came to be supplanted by a new one.
S
Authors: Gabriel Yiannis
Published: November 2023

Science is a particular type of knowledge that claims certain privileges against other forms of knowledge. Many disciplines may claim to be scientific, but not all are widely accepted as such. Most people regard as scientific, knowledge that has been carefully derived from empirical observations, rigorously tested, and assumes the form of lawlike generalizations like New- ton’s laws of motion. The belief that science represents some ultimate and unalterable truth is no longer sustainable, given that even New- ton’s laws of motion were subsequently shown not to be of universal validity. The demarcation between scientific and other knowledge is then a crucial issue.
W
Authors: Gabriel Yiannis
Published: November 2023

Women’s studies grew rapidly as an interdisciplinary academic field in the 1970s and 1980s, exploring the position of women in society, often in a historical perspective. While there is some overlap with gender studies, women’s studies concentrates on women’s history, women’s art and literature, women’s sexuality and health, women’s representation in politics and business, and so forth. A substantial part of women’s studies has addressed women and work, both domestic and public, and women’s experiences in organizations. Strongly influenced by feminism, women’s studies is now a popular course in many British and American colleges and universities, driven by the conviction that women have, for a very long time, been invisible to many traditional academic disciplines and discourses which have been indifferent to gender and have treated the male as the normal subject of their enquiries.
Rape
Authors: Laws Eleanor , Lees Patricia
Published: November 2023

The offence of rape, originally a common law offence, became a statutory offence in 1957,and was later defined by statute in 1976. The offence was extended in 1992 so that a husband could be convicted of raping his wife. In 1994 the definition of rape was extended to include non-consensual anal intercourse upon a male or female. The SOA 2003 extends the definition further. Most notably, non-consensual penile penetration of the mouth is now defined by s 1 as rape.
Sentencing
Authors: Laws Eleanor , Lees Patricia
Published: November 2023

Offences must be sentenced according to the sentencing regime in place at the time the offence was committed. These are set out within the text at the sentencing paragraph for each offence. The different types of sentence now available under the CJA will apply to sentences passed after 4.4.2005 and appear from para 12.27. In addition there are a number of orders which need to be considered when sentencing, as well as the automatic notification requirement. These are set out within this chapter from para 12.143 and in the Appendices. Guideline authorities are set out from para 12.54.
‘Europeanization’: a fashionable and contested term
Authors: Olsen Johan P
Published: November 2023

‘Europeanization’ is a fashionable but contested concept. Measured by the number of titles using the term, research on Europeanization is an academic growth industry. But questions have been raised as to whether ‘Europeanization’ is useful for understanding contemporary European transformations, whether we are in danger of misunderstanding European transformations because the term is misused (Wallace 1999: 2), and whether the term is so unwieldy, and so lacking in precise and stable meaning, that it is futile to use it as an organizing concept (Kassim 2000: 238).
‘… to serve the citizens of Europe’
Authors: Olsen Johan P
Published: November 2023

If citizens need the help of professional administrators with specialist qualifications, under what conditions is it likely that public administration will work in ways that increase citizens’ trust and reduces the perceived need for citizens’ participation? Do different ways of organizing public administration influence the mediation between citizens and their helpers and therefore the degree to which public administration and government are seen to function well, to be legitimate, and to make direct and continuous citizens’ participation redundant?
Towards a European administrative space?
Authors: Olsen Johan P
Published: November 2023

Public administration is a key institution of government and understanding administrative change is an important, but often ignored part of comprehending the ongoing transformations of the European political order. In this chapter, the focus is on whether there has been a trend towards a ‘European Administrative Space’ (EAS), understood as convergence on a common European model.
Privacy And Confidentiality
Authors: Nicol Andrew , Millar Gavin , Sharland Andrew
Published: November 2023

The media were nervous when the Human Rights Bill was being debated in Parliament. They feared that it would lead to the introduction of a law of privacy into English law. The source of their worry was Article 8 which provides that:

Everyone has the right to respect for his private and family life, his home and his correspondence.
Racial And Religious Hatred
Authors: Nicol Andrew , Millar Gavin , Sharland Andrew
Published: November 2023

UK statute law contains a number of provisions limiting freedom to express views and ideas which involve race hatred. These are discussed below. In the remainder of this chapter we consider how and why the ECHR allows governments to adopt such measures, notwithstanding the right to freedom of expression in Article 10(1). We also consider how the European Court has approached the difficult issues which arise when the media report the views and activities of racists in the public interest.
Reporting On Elections And Parliament
Authors: Nicol Andrew , Millar Gavin , Sharland Andrew
Published: November 2023

Until the Political Parties, Elections and Referendums Act (PPERA) 2000, many of the most familiar features of modern elections were unregulated. Election law did not even recognize the existence of parties or their national campaigns and election broadcasts. All this has now changed. PPERA 2000 imposes financial and other controls on national campaigning by political parties and third parties. These changes were introduced alongside a developing European consensus that donations and expenditure should be capped, and that there should be common campaigning standards. The Electoral Commission established under Part I of PPERA 2000 oversees most aspects of our electoral process. Parties fielding candidates must register their name and emblems with the Commission, which may refuse registration on grounds of similarity with an existing party, obscenity, or offensiveness. Since January 2007 a party is also entitled to register up to twelve unique descriptions of itself for use on the ballot paper.
Blue-Eyed Girl? Jane Elliott’s Experiential Learning and Anti-Racism
Authors: Swan Elaine
Published: November 2023

It has become commonplace in many different academic disciplines to suggest that ‘experience’ is socially and culturally mediated. Thus, it is argued that our recalling of experience does not provide us with neutral access to ‘raw’ reality and to authentic selfhood. Given that experience isn’t what it used to be, what does this mean for the category of experience in experiential learning, pedagogies? In this Chapter I explore this question through an examination of race equality pedagogies. In particular, I discuss the ‘equivalences’ that are set up in one popular, but controversial form of race equality experiential learning, that of the ‘Blue-eyed, browneyed’ experiment of the North American primary school teacher, now consultant and public speaker, Jane Elliott, more of which later.
Drawings as a Link to Emotional Data A Slippery Territory
Authors: Jensen Tusse Sidenius , Voigt Jane Rohde , Piras Enrico Maria , Thorsen Bente Rugaard
Published: November 2023

At the time of writing this chapter, we are Ph.D. students with an interest in learning about research from emotional and aesthetic perspectives. The specific context of this writing was a Ph.D. short course on ‘Emotions and Aesthetics in Organizational Learning Research’ arranged by the Doctoral School of Organizational Learning (DOCSOL) at the Danish University of Education, for European researchers and doctoral students.
When Things Go Wrong: System Failure and Police Reform
Authors: Savage Stephen P
Published: November 2023

Expressions such as ‘going pear-shaped’ and ‘going belly-up’—an equivalent American expression is ‘getting whacked’—are common parlance in police-talk; policing is by its very nature vulnerable to ‘things going wrong’. The routines, certainties, and predictabilities of bureaucratic decision-making are rarely to be found in police work. Policing decisions, typically involving wide discretion for the officers concerned, often need to be taken in the heat of the moment and with little or no time for reflection, yet might have consequences which are far reaching and, at times, catastrophic.
The Nineteen-Fifties: The Television Upheaval
Authors: Fletcher Winston
Published: November 2023

Two years after ‘The Greatest Ever Advertising Conference ’, in 1953 the Advertising Association held another grand jamboree. This was the era when large conferences, attended by 1,400 or more delegates, were an annual feature of the advertising calendar. Today such beanos are extinct. There has not been a national (let alone international) AA conference since 1989, and that one was an almost unmitigated flop, gathering a mere 400 or so delegates in Deauville. A successor, planned for 1992 in London, was cancelled for lack of support.
Crystal Balling: Peering into a Cloudy Future
Authors: Fletcher Winston
Published: November 2023

While the Saatchi brothers were playing phoenixes, Martin Sorrell pushed WPP forward with a steady, if impatient, hand. In 2000 WPP bought Young & Rubicam, and its shares zoomed to 1323p, more than ten times higher than they had been five years earlier. Its growth has hardly faltered since. In 2005 Sorrell bought Grey Global, thereby achieving a trick many had believed impossible: servicing arch enemies Unilever (at JWT) and Procter & Gamble (at Grey) within the same holding company. In addition to its considerable market research and public relations holdings, WPP is now the largest advertising media-buyer in the world, owning two of the three biggest global buying companies.
General Introduction
Authors: Hondius Professor Dr. Ewoud , Heutger Dr. Viola , Jeloschek Dr. Christoph , Sivesand Dr. Hanna , Wiewiorowska Aneta
Published: November 2023

1.Scope These Principles (the ‘Sales Principles’) deal with contracts for the sale of goods, where one party undertakes to transfer the ownership of goods to the other party against payment of a price. The provisions are also generally applicable to contracts for the production and manufacture of goods where ownership is transferred and furthermore applicable with appropriate modifications to barter contracts or contracts for the sale of other assets. The Sales Principles are however not applicable to sale of immovable property. 1.The most common contract The contact for the sale of goods have served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Moreover, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts of manufacturing contracts. 2.Abundance of regulation The contract of sale is specifically regulated under the laws of all Member States. Moreover, there is also concrete regulation on a European level (most importantly the Consumer Sales Directive, cf. D4 below) and on an international level (above all the CISG, cf. D1 below).
Introduction
Authors: Lilleholt Kåre , Victorin† Anders , Fötschl Andreas , Konow Berte-Elen R , Meidell Andreas , Tørum Amund Bjøranger
Published: November 2023

Contract principles and specific contracts Specific contracts For the purposes of the present project, the lease contract is a specific contract, in line with sales, services, loans etc. The division between general contract law (or law of obligations) and the law of specific contracts has long traditions in Europe as has the typology of specific contracts. This kind of systematisation has naturally been most accentuated in jurisdictions where patrimonial law is codified. The criteria for categorising contracts are several (socio-economic function, type of asset involved, character of performance, payment or not, etc.) and may vary from jurisdiction to jurisdiction. The starting point for this Part of Book IV is the observation that a categorisation based on the criteria of (a) temporary (b) use of (c) movable (d) tangible property against (e) payment, based on (f) contract, is commonly recognised to a degree that makes it meaningful to operate with “lease” as a specific contract. This holds true even if these contracts belong to different categories in the systems found in the legislation, court practice, and doctrine of the different jurisdictions. Atypical contracts, mixed contracts, border cases etc. Contract rules on leases, sales, services etc. may seem to presuppose that every contract must belong to one of the categories and to one only; the contract is eithera lease, ora sale, ora service, etc. This is not so. It is generally accepted that there are valid contracts not falling under any of the pre-established categories. The principle of freedom of contract implies that there is no numerus claususin contract law. In practice, contracts are found that are not easily categorised under a specific type of contract. Further, a contract may combine elements from several specific contract types, without any one of the elements dominating. Even though contract practice “gravitates” towards well-established types of contracts, experience shows that varieties are found, sometimes with common traits stable over time, justifying the introduction of a new category. Also, some of the criteria used to categorise different types of contracts may raise doubts in the concrete case. It is, for example, not possible to express simple and unambiguous criteria to distinguish between movable and immovable property.1 Mixed contracts are generally dealt with in II. – 1:109 (Mixed contracts).
Scope of application and general provisions
Authors: Lilleholt Kåre , Victorin† Anders , Fötschl Andreas , Konow Berte-Elen R , Meidell Andreas , Tørum Amund Bjøranger
Published: November 2023

Article 1:101: Lease of goods This Part of Book IV applies to contracts for the lease of goods. A contract for the lease of goods is a contract under which one party, the lessor, undertakes to provide the other party, the lessee, with a temporary right of use of goods in exchange for rent. The rent may be in the form of money or other value. This Part of Book IV does not apply to contracts where the parties have agreed that ownership will be transferred after a period with right of use even if the parties have described the contract as a lease. The application of this Part of Book IV is not excluded by the fact that the contract has a financing purpose, the lessor has the role as a financing party, or the lessee has an option to become owner of the goods. This Part of Book IV regulates only the contractual relationship between lessor and lessee. Comments General Scope of application This Part of Book IV applies to what can be regarded as the “core” field of leases of assets other than immovables, namely contracts granting a temporary right of use of goods against remuneration. Goods are defined (in Definitions) as corporeal movables, including ships, vessels, hovercraft or aircraft, space objects, animals, liquids and gases. No doubt other legal relationships may be found that have some but not all of these elements or similar elements or functions to those referred to in the present Article, but it is not recommended that this Part of Book IV be given the widest possible scope of application. A menu of specific contracts can never be exhaustive or cover every possible contract. Neither is it possible to draw sharp lines between different specific contracts. There will be contracts with elements of two or more types.
Lease period
Authors: Lilleholt Kåre , Victorin† Anders , Fötschl Andreas , Konow Berte-Elen R , Meidell Andreas , Tørum Amund Bjøranger
Published: November 2023

Article 2:101: Start of lease period The lease period starts: at the time determinable from the terms agreed by the parties; if a time frame within which the lease period is to start can be determined, at any time chosen by the lessor within that time frame unless the circumstances of the case indicate that the lessee is to choose the time; in any other case, a reasonable time after the conclusion of the contract, at the request of either party. The lease period starts at the time when the lessee takes control of the goods if this is earlier than the time that would follow from paragraph (1). Comments Lease period and contract Performance during a period of time It is a characteristic trait of the lease contract that it is performed over a period of time. During this lease periodthe lessor has an obligation to make the goods available for the lessee’s use and the lessee has corresponding obligations to pay the rent and take care of the goods. The lease period does not necessarily start immediately on the conclusion of the contract,and the contractual relationship may also continue after the lease period has ended. The lease contract is different from contracts that are performed “momentarily”, like sales contracts, but it differs also from many contracts that are performed over time. The lessor’s main performance consists in making the goods available for the lessee’s use for a period of timeand the remuneration is normally calculated for a certain period or per time unit. It is not a question of paying for work done or a quantity supplied, as in many service contracts.
The Uses of History as Corporate Knowledge
Authors: Rowlinson Michael , Clark Peter , Delahaye-Dado Agnes , Booth Charles , Procter Stephen
Published: November 2023

An organization’s knowledge of its own history is not usually considered as a form of business knowledge, so our project set out to examine the ways in which companies manage and represent their histories. Our contribution conceptualizes, examines, and compares the uses of history as a form of knowledge by academics and by corporations. Although we do focus upon comparisons between the United Kingdom and the United States, we have examined the case of the German firm, Bertelsmann. We have made comparisons between the histories shaped by academics in their role as organic intellectuals and those histories shaped by corporate sponsors. There are important differences.
Introduction
Authors: Hibbert W J
Published: November 2023

‘The need to control moneylending transactions is as old as our civilisation’ observed Lord Scott of Foscote in Wilson v First County Trust Ltd (No 2).1 Indeed, the condemnation and prohibition of usury (the taking of interest) can be found in Greek philosophy, in the Old Testament, in Roman Catholic canon law, and in the early laws of England. However, as was said in the Crowther Report2 (the report that led to the passing of the Consumer Credit Act 1974 (the CCA 1974)): ‘equally widespread, under the impulse of the trading instinct, have been the legal fictions and the practical devices used to evade the prohibition’.3 Our modern legislation is founded on this historical experience. Consumer credit is narrower than lending and borrowing generally. As an institution of credit, ‘consumer credit’ began in the late middle ages, emerging from, on the one hand, the business bankers concerned with the finance of trade in Northern Italy, the Rhineland, and the Low Countries, and, on the other, specialist pawn- brokers appearing in urban centres, meeting the needs of ‘consumers’, both wealthy citizens pledging jewellery and plate, and the poor pledging their clothes and bedding to deal with economic misfortune.
Cancellation and Withdrawal
Authors: Popplewell S
Published: November 2023

This chapter addresses the withdrawal from prospective regulated consumer credit or consumer hire agreements and the cancellation of regulated consumer credit or consumer hire agreements under the provisions of the Consumer Credit Act (CCA) 1974. It does not address in any detail rights to cancel that may arise under other legislation, although these are addressed briefly at the end of the chapter. The CCA 1974 does not itself provide for withdrawal from a prospective regulated agreement. The right to withdraw is simply a common law right, such that a contract is not binding until there has been an offer and acceptance by both parties, with valid consideration, with an intention and sufficient certainty to create a legally binding relationship. Thus, a debtor who has indicated his desire to obtain credit, but is awaiting a credit check from the creditor, may withdraw from the proposed contract under normal contractual principles, because until the creditor accepts his offer to take out credit the contract is binding on neither party. What the CCA 1974 does is to stipulate the effect of a withdrawal from a prospective regulated agreement1 and stipulate methods of notifying withdrawal. These provisions are not limited to the debtor or hirer but apply equally to a creditor or owner. The CCA 1974 provides for further additional rights for debtors or hirers in respect of prospective land mortgages.3 Further, any attempt to bind a debtor or hirer into a prospective regulated agreement is, generally, void.
Liability of the Lender for Breaches of Contract and Misrepresentation by the Seller
Authors: Sayer P
Published: November 2023

The Crowther Committee, in its report, recommended that a creditor whose relationship with a supplier of goods and services was that of a ‘connected lender’ should be answerable in damages to the borrower for any misrepresentations or breaches of contract committed by the supplier. This would be so even though the credit agreement between the lender and the borrower was a loan agreement. Section 75 of the Consumer Credit Act (CCA) 1974 creates a liability of a creditor to the debtor, in certain circumstances, for breaches of contract and misrepresentations committed by the supplier. Also, under section 56(2) of the CCA 1974, in certain circumstances, negotiations undertaken by the supplier with the borrower shall be deemed to be conducted in the capacity of agent of the creditor. This so- called ‘deemed agency’ provision can also impose liabilities upon a creditor for misrepresentations etc. of the supplier. Under section 75(1), if a debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) of the CCA 1974, has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of misrepresentation or breach of contract, he shall have a like claim against the creditor, who with the supplier, shall accordingly be jointly and severally liable to the debtor.
Enforcement
Authors: Say B J
Published: November 2023

Immediately after the debtor’s breach the creditor may take steps to prevent the debtor making further drawings of credit. The creditor may take ‘such steps as may be necessary to make the restriction or deferment effective’; therefore the creditor may warn suppliers not to accept a credit card where the debtor has exceeded the card limit. By the Consumer Credit Act (CCA) 1974, section 87(3) the doing of an act by which a floating charge crystallizes is not in itself an ‘enforcement of a security’. In the case of breach, the CCA 1974, section 87 requires that a default notice is served which is compliant with the provisions of section 88 and the regulations made thereunder before the creditor or owner can enforce the agreement. The Act provides no sanction against a creditor who: However, remedies lying outside the Act may be available where a creditor has enforced without complying with the requirement to serve a default notice. A creditor who seeks to recover goods under a hire-purchase or conditional sale agreement without the service of a proper default notice will be guilty of an actionable conversion.5 Recovery of land would be wrongful without a default notice and the debtor could set up the non-compliance as a defence. On the other hand, where a debtor has suffered a loss arising out of an enforcement of the agreement without service of a default notice, such will not give rise to a claim for damages as the Act makes no allowance for such a claim and such enforcement would not amount to a breach of contract.6 It may be that a debtor could obtain an injunction to restrain the creditor from enforcing an agreement where he has failed to serve a proper default notice.7 The OFT may take into account a breach of the requirement to serve a default notice in exercising its functions under the Act even though the breach gives rise to no statutory liability.
Criminal Offences
Authors: Philpott F A
Published: November 2023

The Consumer Credit Act (CCA) 1974 originally set out in a table at Schedule 1, by virtue of the CCA 1974, section 187, the prosecution and punishment of offences. This table consisted of 35 entries. Each entry did not correlate with one single criminal offence so that, for example, the entry referring to the CCA 1974, section 167(2) related to offences of contravening regulations under the CCA 1974, section 44, 52, 53, 54, or 112. However, with effect from 26 May 2008 a number of the offences listed in Schedule 1 no longer exist because of the Consumer Protection from Unfair Trading Regulations 2008.2 These regulations form the first of two major statutory changes in the area of consumer credit and hire and other consumer protection legislation. The other is the Regulatory Enforcement and Sanctions Act 2008 which, when in force, will introduce an entirely new system of imposing sanctions for breaches of consumer law such as the issue of fixed monetary penalties by way of civil sanctions. This is likely to result in a rapid fall in the number of prosecutions in the criminal courts. However, the powers will be exercisable under this new system by reference to relevant offences including those under the CCA 1974.
Unfairness
Authors: Philpott F A , Smith J M W
Published: November 2023

A consumer credit agreement or a consumer hire agreement may be enforceable by the creditor or owner because it constitutes a valid contract at common law and because the necessary statutory provisions have been complied with. However, the debtor or (to a more limited extent) the hirer can, in certain circumstances, nevertheless challenge (in whole or in part) the effectiveness of the agreement on the basis, put very generally, that the agreement is unfair. The principal remedy for unfairness in consumer credit law relates to credit agreements which can be reopened by the court because the relationship between the creditor and the debtor arising out of the agreement is unfair to the debtor in specified ways. From 6 April 2007 this test of an unfair relationship applied to agreements made on or after that date and, from 6 April 2008, it generally applied to agreements whenever made. Until 6 April 2008 agreements made before 6 April 2007 remained subject to the extortionate credit bargain test. In some circumstances the extortionate credit bargain test will always be applicable.
Concluding remarks
Authors: De Cat CéCile
Published: November 2023

One of the clear implications of this investigation is that spoken French should be regarded as a discourse-configurational language, i.e. one in which ‘primary sentence articulation is motivated by discourse-semantic, rather than theta role or case, considerations’ (É. Kiss 1995). In spoken French, any non-weak constituent expressing a topic has to be dislocated. The high frequency of dislocated XPs does not indicate an evolution towards allowing argument doubling (accompanied by loss of the argumenthood of resumptive clitics) nor that dislocation is becoming ‘grammaticalized’ (implying a loss of interpretive effects), but rather it is a manifestation of discourse configurationality.
Judicial Inheritance: Value and Significance of the Nuremberg Trial to Contemporary War Crimes Tribunals
Authors: Mëttraux Guénaël
Published: November 2023

At Nuremberg, chief defendant Hermann Goering predicted that the Tribunal charged with judging him and his associates would be a failure: ‘You will see— this trial will be a disgrace in 15 years.’¹;e fact that history did not bear out Goering’s prophecy does not render an assessment of the Nuremberg Trial any easier. A perceptive observer put it well when she suggested that seeking to draw out lessons from these proceedings resembled a quest for the hidden echoes of man’s prayers to God:
Blood glucose levels
Authors: Matthews David
Published: November 2023

Monitoring glucose levels is a useful tool for managing diabetes. Glucose levels can be monitored by testing either blood or urine. The type, timing, and frequency of blood tests will depend on the type of diabetes, treatment and an individual’s lifestyle. Alternative site testing can be less painful than fingertip testing, but may not be suitable for everyone.
Long-term complications of diabetes
Authors: Matthews David
Published: November 2023

Diabetes is characterized by having a higher than normal blood glucose con- centration in the body. When insulin was discovered in 1922, it was thought for a while that this would be a complete cure—that taking insulin and avoiding very high or very low glucose levels would be all that would be required. However, it became apparent, over the years, that having higher glucose over a long period of time could lead to stiffening of the blood vessels, and a consequent reduction in oxygen and nutrients to the tissues. This could happen to the large blood vessels (macrovascular) to the heart, brain and legs, and to the small vessel networks (microvascular) such as those to the eyes, kidneys, and nerves. These effects cause the so-called ‘long-term complications’ of diabetes, and much of the routine care in diabetes is directed towards prevention of these complications. They are heart attacks, stroke, poor circulation in the legs, problems with the back of the eyes (retinopathy), problems with kidney disease (nephropathy), and problems in the nerves, especially, but not exclusively, of the lower limb (neuropathy).
Introduction
Authors: könig Christa
Published: November 2023

I will begin the chapter by presenting an overview of the previous research and by giving reasons why I wrote this book. Labels used here will be explained in subsequent sections. There is no need for the reader to understand all details yet or to be familiar with all languages mentioned. Information provided in the present section will be dealt with in more detail in the following chapters. Case in Africa does not seem to be an essential topic in the literature, either in works dealing with Africa or in general publications on case in a worldwide perspective. Dixon (1994) concludes in his book Ergativity, which covers ergativity but also case phenomena in general: Blake (1994), another seminal textbook on case, mentions Africa only in passing: In a chapter about grammaticalization, he deals with Africa as an example for the emergence of case markers, such as adpositions developing out of body part terms, and verbs which have given rise to case markers.
Accusative
Authors: könig Christa
Published: November 2023

In this chapter an overview of languages with accusative systems is given. So far thirty languages with an accusative system have been discovered in Africa. A selection of different types is presented here. A complete list is given in figure 2.1 in genealogical order. As the genealogical overview of accusative languages in figure 2.1 illustrates, most of the accusative languages belong to the Nilo-Saharan phylum. Among them are genetically fairly isolated languages like Fur, Maba, Masalit, Kunama, and Ik, a Kuliak language. In addition, there are languages belonging to larger groups, like the Saharan languages Kanuri and Tubu, and some Eastern Sudanic languages, like Nobiin, Mararit, Tama, and Nyimang. In the Afroasiatic phylum, accusative languages are found in particular within the Semitic languages, such as Amharic, Argobba, Gafat, Tigre, Tigrinya, Harari, and Gurage; the Central Cushitic languages, such as Awngi, Xamtanga, Bilin, and Kemantney; and some Omotic languages such as Masketo, Hamar, Dime, and Aari also belong here. In addition, it can be argued that the Khoisan language Khoekhoe (Nama) and the Central Heiban language of the Kordofanian phylum are accusative languages. (For Khoekhoe see section 5.4.2).
Making sense of what we know about the causes of CFS/ME: who gets it, what triggers it, and why don’t people get better?
Authors: Campling Frankie , Sharpe Michael
Published: November 2023

We want facts, but unfortunately this chapter is going to be full of ‘maybes’. In spite of all the research that has been done, there are few definite facts. No one single cause for CFS/ME has been identified. In fact, most experts think that there are probably several routes into the illness and that yet other factors keeping it going once it has begun. Over the years, many researchers have enthusiastically pursued theories that they have hoped would be ‘thecause’. To date, none of these has achieved general acceptance.
Getting the best from your food
Authors: Campling Frankie , Sharpe Michael
Published: November 2023

If you are feeling very tired and unwell it can be all too easy to neglect yourself, by going for easy meals and eating at odd hours. Regular, good quality meals should be part of your plan for giving yourself the best chance of improvement. Try to get back into the habit of having good-quality meals at consistent, normal times—breakfast, lunch, and supper. Some people feel better if they do not go for too long between meals. If you are one of them, then including small, healthy snacks between meals can be a good idea.
Coping with pain
Authors: Campling Frankie , Sharpe Michael
Published: November 2023

For many people, pain is one of the most difficult and distressing symptoms of CFS/ME. We often hear patients say ‘I could cope with just being tired. It’s the pain that makes life so difficult‘. It may be a constant background to your life or it may be intermittent, perhaps made worse by over activity. Being in pain can be tiring and can often interfere with sleep, so anything you can do to manage your pain—to reduce it or to lessen its impact—will be a help to both your body and your mind. Different people experience different kinds of pain. The most common in CFS/ME are widespread muscle and joint pains, but pain can occur anywhere. We can offer you some suggestions for strategies for managing your own pain, but, as with most of what we suggest, you will have to experiment to find what works for you.