bluuebunny/crossref_metadata_2025 huggingface dataset:
Normative Data Study of Verbal Fluency and Naming Tests in Elderly People in Costa Rica
Authors: Mora-Villalobos Lara , Brown-Mata Gloriana , Smith-Castro Vanessa , Ramos-Usuga Daniela , Rivera Diego , Arango-Lasprilla Juan Carlos
Published: June 2024

Objective

To generate normative data for the Verbal Fluency Test (VFT) and the Boston Naming Test (BNT) in the Costa Rican population.

Method

The sample consisted of 563 healthy older people (aged 59–90 years). Polynomial multiple regression analyses were run to evaluate the effects of the age, sex, and education variables on VFT and BNT scores.

Results

The results showed a significant linear effect of education on the four-letter VF scores and an effect of sex on the letter P score, with females performing better than males. The explained variance ranged from 20.9% to 28.3%. A linear effect of age and education was also found for the four semantic VF scores, with scores decreasing with increasing age and lower education. The sex variable was significant for all semantic categories, with females performing better than males except in the animal category. The explained variance ranged from 21.7% to 30.9%. In the BNT, a linear effect of education was found, so that the more education, the better the score. In addition, a sex effect was also found, with males having higher scores than females. The predictors of the model explained 9.6% of the variance.

Conclusions

This is the first study that generates normative data for the VF and BNT in the Costa Rican population over 59 years of age based on demographic variables. The use of these normative data will help clinicians in Costa Rica to better understand language functioning in the elderly, allowing for better classification and diagnosis in the future.
MANOCCA: a robust and computationally efficient test of covariance in high-dimension multivariate omics data
Authors: Boetto Christophe , Frouin Arthur , Henches Léo , Auvergne Antoine , Suzuki Yuka , Patin Etienne , Bredon Marius , Chiu Alec , Consortium Milieu Interieur , Sankararaman Sriram , Zaitlen Noah , Kennedy Sean P , Quintana-Murci Lluis , Duffy Darragh , Sokol Harry , Aschard Hugues
Published: June 2024

Multivariate analysis is becoming central in studies investigating high-throughput molecular data, yet, some important features of these data are seldom explored. Here, we present MANOCCA (Multivariate Analysis of Conditional CovAriance), a powerful method to test for the effect of a predictor on the covariance matrix of a multivariate outcome. The proposed test is by construction orthogonal to tests based on the mean and variance and is able to capture effects that are missed by both approaches. We first compare the performances of MANOCCA with existing correlation-based methods and show that MANOCCA is the only test correctly calibrated in simulation mimicking omics data. We then investigate the impact of reducing the dimensionality of the data using principal component analysis when the sample size is smaller than the number of pairwise covariance terms analysed. We show that, in many realistic scenarios, the maximum power can be achieved with a limited number of components. Finally, we apply MANOCCA to 1000 healthy individuals from the Milieu Interieur cohort, to assess the effect of health, lifestyle and genetic factors on the covariance of two sets of phenotypes, blood biomarkers and flow cytometry–based immune phenotypes. Our analyses identify significant associations between multiple factors and the covariance of both omics data.
CACIMAR: cross-species analysis of cell identities, markers, regulations, and interactions using single-cell RNA sequencing data
Authors: Jiang Junyao , Li Jinlian , Huang Sunan , Jiang Fan , Liang Yanran , Xu Xueli , Wang Jie
Published: June 2024

Transcriptomic analysis across species is increasingly used to reveal conserved gene regulations which implicate crucial regulators. Cross-species analysis of single-cell RNA sequencing (scRNA-seq) data provides new opportunities to identify the cellular and molecular conservations, especially for cell types and cell type-specific gene regulations. However, few methods have been developed to analyze cross-species scRNA-seq data to uncover both molecular and cellular conservations. Here, we built a tool called CACIMAR, which can perform cross-species analysis of cell identities, markers, regulations, and interactions using scRNA-seq profiles. Based on the weighted sum models of the conserved features, we developed different conservation scores to measure the conservation of cell types, regulatory networks, and intercellular interactions. Using publicly available scRNA-seq data on retinal regeneration in mice, zebrafish, and chick, we demonstrated four main functions of CACIMAR. First, CACIMAR allows to identify conserved cell types even in evolutionarily distant species. Second, the tool facilitates the identification of evolutionarily conserved or species-specific marker genes. Third, CACIMAR enables the identification of conserved intracellular regulations, including cell type-specific regulatory subnetworks and regulators. Lastly, CACIMAR provides a unique feature for identifying conserved intercellular interactions. Overall, CACIMAR facilitates the identification of evolutionarily conserved cell types, marker genes, intracellular regulations, and intercellular interactions, providing insights into the cellular and molecular mechanisms of species evolution.
Improved prediction of DNA and RNA binding proteins with deep learning models
Authors: Wu Siwen , Guo Jun-tao
Published: June 2024

Nucleic acid-binding proteins (NABPs), including DNA-binding proteins (DBPs) and RNA-binding proteins (RBPs), play important roles in essential biological processes. To facilitate functional annotation and accurate prediction of different types of NABPs, many machine learning-based computational approaches have been developed. However, the datasets used for training and testing as well as the prediction scopes in these studies have limited their applications. In this paper, we developed new strategies to overcome these limitations by generating more accurate and robust datasets and developing deep learning-based methods including both hierarchical and multi-class approaches to predict the types of NABPs for any given protein. The deep learning models employ two layers of convolutional neural network and one layer of long short-term memory. Our approaches outperform existing DBP and RBP predictors with a balanced prediction between DBPs and RBPs, and are more practically useful in identifying novel NABPs. The multi-class approach greatly improves the prediction accuracy of DBPs and RBPs, especially for the DBPs with ~12% improvement. Moreover, we explored the prediction accuracy of single-stranded DNA binding proteins and their effect on the overall prediction accuracy of NABP predictions.
Target and non-target effects of insecticide use during ornamental milkweed production
Authors: Mach Bernadette M , Glynn Sacha E , Daniels Jaret C , Dale Adam G
Published: June 2024

There are widespread public efforts to conserve wildlife in urbanized landscapes via the installation of nursery-grown plants that support Lepidoptera taxa. Insecticides are commonly used during nursery production to suppress key plant pests, and many products have extended periods of toxicity and affect a wide range of herbivore taxa. While there are plentiful toxicological data on bee species, predominantly the Western honey bee (Apis mellifera L.), little is known about how insecticides affect nonpest lepidopterans. Lepidoptera has different modes of exposure (e.g., leaf-feeding) and differences in susceptibility to insecticide target sites compared to bees. Consequently, many products compatible with bee conservation pose an uncertain risk to nonpest lepidopterans and thus may represent an under-recognized conflict with conservation efforts. Using the monarch butterfly (Danaus plexippus, L.), tropical milkweed (Asclepias curassavica, L.), and oleander aphid (Aphis nerii, Fonscolombe, 1841) system, we conducted leaf and whole-plant feeding assays to evaluate effects of acute and chronic monarch exposure to industry standard and alternative reduced-risk insecticides used during nursery production. We also evaluated the efficacy of these insecticides against their target pest, the oleander aphid. Our results indicate that insecticides used to control pests on ornamental milkweed can cause monarch larval mortality up to 4 wk after treatment application. Furthermore, the duration of aphid suppression is often shorter than the duration of adverse effects on monarchs. This study demonstrates a conflict between insect pest management and Lepidoptera conservation during ornamental plant production and has implications for the conservation value of ornamentals after retail sale.
Gonadotropic status in adult women with pituitary stalk interruption syndrome
Authors: Terray Aglaé , Baussart Bertrand , Zins Marie , Goldberg Marcel , Kab Sofiane , Cazabat Laure , Brière Mathilde , Brue Thierry , Barraud Sara , Reznik Yves , Christin-Maitre Sophie , Illouz Frédéric , Raverot Gérald , Young Jacques , Raffin-Sanson Marie-Laure , Hage Mirella
Published: June 2024

Objective

Pituitary stalk interruption syndrome (PSIS) is a rare cause of congenital hypopituitarism. Limited data exist on the gonadotropic status and fertility of adult women with PSIS. Our study aims to describe pubertal development and the evolution of gonadotropic function and fertility in adult women with PSIS.

Design

A retrospective multicentric French study.

Methods

We described gonadotropic function in 56 adult women with PSIS from puberty onward. We compared live birth rates per woman with PSIS with age-matched controls from the large French epidemiological cohort (CONSTANCES). Additionally, we assessed height, body mass index (BMI), blood pressure, other metabolic parameters, and socioeconomic status.

Results and Conclusions

Among 56 women with PSIS, 36 did not experience spontaneous puberty. Of these, 13 underwent ovarian stimulation, resulting in 7 women having a total of 11 children. In the subgroup with spontaneous puberty (n = 20), 4 had a total of 8 pregnancies, while 6 developed secondary gonadotropic deficiency. Women with PSIS had fewer children than controls (0.33 vs 0.63, P = .04). Median height was also lower (160.5 vs 165.0 cm, P < .0001). Although mean blood pressure was lower in women with PSIS compared with controls (111.3/65.9 ± 11.2/8.1 vs 118.7/72.1 ± 10.1/7.7 mmHg, P < .001), there were no significant differences in other metabolic parameters, notably BMI and lipid profile. Employment/academic status was not different in the 2 groups, but fewer women with PSIS were in relationships (42% vs 57.6% in controls, P = .02). The fertility prognosis in patients with PSIS needs optimization. Patients should be informed about the likelihood of declining gonadotropic function over time.
Achieving European Union strategic autonomy: circularity in critical raw materials value chains
Authors: Jakimów Małgorzata , Samokhalov Vsevolod , Baldassarre Brian
Published: June 2024

Why is it important to understand the potential of circular economy for security? With the green transition in full swing and vulnerabilities in value chains as a consequence of the COVID–19 pandemic and Russian aggression towards Ukraine, this question has never been more timely. Titanium metal constitutes a poignant case, as it is a critical raw material essential for the strategic civil aerospace and defence sectors. In addition, circular economy solutions constitute a viable solution to mitigate import dependencies in the case of this particular raw material. The European Union, with one of the largest aviation industries globally, is dependent on titanium imports from Russia and the United States. The latter, in turn, (re)imports titanium scrap from EU aviation manufacturing to increase material efficiency and reduce costs through recycling. Based on extensive stakeholder interviews across several countries and quantitative trade data, this article presents a first-time analysis of how, in the case of the titanium value chain, circular economy solutions can support the EU Open Strategic Autonomy (OSA) objectives, as enshrined in the 2023 Critical Raw Materials Act. We suggest that in order for the EU to achieve both the OSA and decarbonization objectives, it is essential to prioritize the establishment of recycling facilities as part of reshoring of the mid-value titanium industry. With the prospect of Ukraine becoming an EU member state, this strategy could be complemented by investments into the decarbonization of the upstream value chain in Ukraine while meshing it further with the EU industrial base. We argue that such reshoring could be best achieved through careful intergovernmental and industrial negotiations between the US and EU stakeholders within the formerly established channels for aviation dispute resolutions and within the framework of Ukraine's postwar reconstruction and potential EU accession.
Leveraging genome-scale metabolic models to understand aerobic methanotrophs
Authors: Wutkowska Magdalena , Tláskal Vojtěch , Bordel Sergio , Stein Lisa Y , Nweze Justus Amuche , Daebeler Anne
Published: June 2024

Genome-scale metabolic models (GEMs) are valuable tools serving systems biology and metabolic engineering. However, GEMs are still an underestimated tool in informing microbial ecology. Since their first application for aerobic gammaproteobacterial methane oxidizers less than a decade ago, GEMs have substantially increased our understanding of the metabolism of methanotrophs, a microbial guild of high relevance for the natural and biotechnological mitigation of methane efflux to the atmosphere. Particularly, GEMs helped to elucidate critical metabolic and regulatory pathways of several methanotrophic strains, predicted microbial responses to environmental perturbations, and were used to model metabolic interactions in cocultures. Here, we conducted a systematic review of GEMs exploring aerobic methanotrophy, summarizing recent advances, pointing out weaknesses, and drawing out probable future uses of GEMs to improve our understanding of the ecology of methane oxidizers. We also focus on their potential to unravel causes and consequences when studying interactions of methane-oxidizing bacteria with other methanotrophs or members of microbial communities in general. This review aims to bridge the gap between applied sciences and microbial ecology research on methane oxidizers as model organisms and to provide an outlook for future studies.
Emergence of dengue fever: sentinel travellers uncover outbreak in Sharm El-Sheikh, Egypt, May 2024
Authors: Manciulli Tommaso , Zammarchi Lorenzo , Lagi Filippo , Fiorelli Costanza , Mencarini Jessica , Fognani Marco , Rossolini Gian Maria , Pollini Simona , Bartoloni Alessandro , Spinicci Michele
Published: June 2024

Dengue fever (DF) is a leading travel-related illness worldwide. Outbreaks from imported cases occurred in Europe. Case detection serves both patient safety and public health interests in origin and destination countries. We report a cluster of DF cases imported to Italy by travellers to Sharm El-Sheik, a highly touristic destination.
Persistent Corruption and Supplier Collusion in an Advanced Industrialized Country: The Case of the United States
Authors: Anderson Robert D , Jones Alison , Kovacic William E
Published: June 2024

This chapter focuses on understanding and addressing the continuing challenges of persistent supplier collusion and corruption in the United States (US) public procurement system, notwithstanding the comprehensive system of regulatory controls that is already in place. It begins with a historical perspective, highlighting the recurring scenarios of misconduct that have occurred over the past many decades and recently, that provided impetus for enactment of the current system of regulatory controls. It outlines the current framework of legal controls that seek to detect, punish, and deter misconduct by private suppliers and by public officials responsible for procurement and, finally, highlights contemporary weaknesses in the public procurement regime and suggests possible paths for improvement. To this end, it provides policy recommendations emphasizing the use of existing statutory and regulatory tools more effectively as well as enhancing cooperation between antitrust agencies and public procurement bodies, employing better data analytics, studying past prosecution experiences, and reducing barriers to entry for potential competitors.
Public Interest Assessment and the Federal Communications Commission (FCC)
Authors: Kokkoris Ioannis
Published: June 2024

This chapter looks at the merger review process in the telecommunications sector. It starts with a discussion of the composition of the Federal Communications Commission (FCC) and the relevant regulatory framework before discussing some of the seminal case law that shows the approach the FCC takes in applying its public interest test and how this approach compares with the one antitrust authority takes pursuant to its competition standard. The chapter also discusses some implications that arise from comparing the role and practice of the regulator and that of the competition authority. The analysis features two main aspects in the application of the public interest standard: first, that the regulator does not have a deadline to make a final decision and, secondly, that the merging parties carry the burden of demonstrating that their proposed transaction is in the public interest. The combination of these two factors, the chapter argues, has facilitated the imposition of heavy conditions and the negotiation of voluntary agreements, often unrelated to the substance of the mergers. The chapter reveals that, by contrast, the antitrust agencies under the competition standard have not expressed many or any concerns over the same transactions and have not imposed similar remedies or no remedies at all. The chapter discusses the cases where concurrency in jurisdiction between the Department of Justice (DOJ) and the FCC has led to divergent outcomes and to the recurring supremacy of the public interest standard applied by the FCC over the substantial lessening of competition standard applied by the DOJ.
Concluding Remarks
Authors: Kokkoris Ioannis
Published: June 2024

This concluding chapter reviews the themes explored in the rest of the book, drawing together insights from diverse regulatory regimes. It begins by examining the interrelation between competition and non-competition policy goals. Acknowledging the importance of these broader goals, the chapter underscores the challenges of harmonizing them within the competition law framework and the risk of undue political interference. Concluding remarks on the individual jurisdictions analysed in the rest of the book highlight the nuances of their FDI screening and merger control regimes. Ultimately, this chapter offers a critical perspective on the delicate equilibrium required to reconcile national security concerns and competition principles. It emphasizes the need for dialogue between policymakers, companies, and stakeholders to navigate the evolving landscape of economic governance. As the world grapples with protectionism’s resurgence, the chapter suggests that the test for governments and regulatory bodies lies ahead—one that necessitates an adaptive approach.
Parental Liability in EU Competition Law
Authors: Whelan Peter
Published: June 2024

In enforcing European Union (EU) competition law, the European Commission (the Commission) relies upon a unique doctrine of parental antitrust liability: it imposes fines upon the parent company of an infringing subsidiary where the former exercised decisive influence over the commercial policy of the latter. This contentious aspect of EU competition law enforcement disregards corporate personality and the principle of limited liability and has engendered acute criticism that the doctrine is unfair, ineffective, obscure, disproportionate, contrary to due process, and based upon an extremely flimsy justificatory foundation. Such criticism raises serious, unanswered questions concerning the legitimacy of the Commission’s antitrust enforcement efforts. This monograph critically assesses the extent to which the existing EU-level doctrine of parental antitrust liability is legitimate in design and operation and what can be done to rectify effectively any identified problematic shortcomings. Employing a four-pronged legitimacy framework, it contends that, although the general concept of parental liability can be justified in principle in EU competition law, the current EU-level doctrine of parental antitrust liability suffers from a distinct and problematic lack of legitimacy. Specifically, the doctrine displays significant deficiencies with respect to the criteria of effectiveness, fairness, and legality. A reformulated approach to parental antitrust liability for EU competition law violations is constructed and fully rationalised. Erected around the notion of parental fault, that approach represents a solid normative account of how to impose parental antitrust liability at EU level in a manner that is theoretically robust, effective in practice, fair in substance, and legally sound.
Assessing the Legitimacy of the EU-Level Doctrine of Parental Antitrust Liability
Authors: Whelan Peter
Published: June 2024

This book critically assesses the extent to which the existing EU-level doctrine of parental antitrust liability is legitimate in design and operation and what can be done to rectify effectively any identified problematic shortcomings. To do so, it must first articulate the analytical framework that can be used to assess the legitimacy of the doctrine. This chapter performs this task. Specifically, it articulates a four-pronged legitimacy framework that can be used to determine whether the EU-level doctrine of parental liability is indeed legitimate at present. The criteria in question are: justifiability; effectiveness; fairness; and legality. After providing detailed definitions on pertinent concepts, the chapter explains how the book will employ that legitimacy framework through its remaining chapters in order to achieve its overarching aim.
Deterrence in EU Competition Law and Its Relevance to Parental Liability
Authors: Whelan Peter
Published: June 2024

This chapter identifies deterrence as the enforcement objective that justifies parental antitrust enforcement in EU competition law. To do so, it first provides the relevant context by establishing the crucial place that the objective of deterrence has in EU antitrust enforcement. The chapter then outlines the assumptions articulated in the literature on the specific rationale underpinning the existence of parental antitrust liability in EU competition law. It demonstrates that, although some confusion can be identified regarding the exact purpose of parental antitrust liability, when an enforcement rationale is advanced in the literature concerning such liability, that rationale is almost invariably the deterrence of anticompetitive behaviour. Moving on from that finding, the chapter investigates EU-level decisional practice, jurisprudence, and policy documentation to determine if the assumption generally made about the normative link between parental liability and deterrence actually underpins the support that the European Commission (the Commission) and the EU Courts display towards the EU-level doctrine of parental antitrust liability. Ultimately it argues that, whilst the theoretical justification for allowing parental liability to operate within the EU-level enforcement framework has not been articulated in a detailed, robust, and systematic manner by either the Commission or the EU Courts, the objective of deterrence can be reasonably taken as the primary objective motivating the existence of the doctrine of parental liability within EU competition law.
Parental Liability and the Principle of Ne Bis In Idem
Authors: Whelan Peter
Published: June 2024

This chapter analyses the application of the principle of ne bis in idem (double jeopardy) in the context of parental liability for EU antitrust violations. First, it outlines briefly some essential detail on the principle itself, thereby providing the legal content to be relied upon in the chapter’s substantive analyses. It then critically assesses (and thereby debunks) the claim in the literature that the EU-level doctrine of parental liability—in particular its approach to recidivism—inevitably violates the principle under consideration. The chapter then proceeds to establish a stronger basis for criticism in this context; specifically, it argues that there is at present a distinct lack of clarity on how the principle of ne bis in idem applies to parental liability, to the detriment of the legitimacy of that enforcement doctrine. This lack of clarity results from the ambiguity that, in practice, sometimes creeps into the usage of the term ‘undertaking’ in EU competition law jurisprudence. Finally, the chapter argues that an inherent difficulty exists regarding the rectification of the identified lack of clarity in how the principle of ne bis in idem applies to parental liability. Ultimately, the chapter concludes that, to ensure that the fairness objective of the principle of ne bis in idem is achieved in a principled manner with parental liability, one may need to pursue that objective through reliance upon a different legal principle entirely.
Mergers
Authors: Niels Gunnar , Jenkins Helen , Kavanagh James
Published: June 2024

This chapter deals with the economics of mergers (building on earlier chapters that covered market definition, market power, and oligopoly theory). It explains how counterfactual analysis is used to assess what would happen in the absence of the merger, including in the failing-firm defence. It then turns to unilateral effects, explaining diversion ratios and techniques for simulating price effects. Next the chapter deals with dynamic effects, coordinated effects, non-horizontal mergers, and minority shareholdings and common ownership. Finally, it explains merger efficiencies, and in which situations they benefit consumers sufficiently to offset any anti-competitive effects of the merger.
Design of Remedies
Authors: Niels Gunnar , Jenkins Helen , Kavanagh James
Published: June 2024

This chapter covers an under-explored topic in competition policy—the design of remedies. It starts with structural remedies in mergers and conduct cases, and sets out regulatory insights on vertical separation. It then turns to behavioural remedies and the regulatory principles of access and price regulation. Next, the chapter deals with the concept of fair, reasonable, and non-discriminatory (FRAND) remedies, and with the lessons from behavioural economics for designing remedies in consumer markets. It concludes by addressing the economic principles of setting fines and of cost–benefit analysis (CBA) of interventions and remedies.
Quantification of Damages
Authors: Niels Gunnar , Jenkins Helen , Kavanagh James
Published: June 2024

This chapter sets out the economic principles and methods for quantifying damages. It starts with harm from hardcore cartels (including a discussion on the reliance on legal presumptions of harm) and from exclusionary practices. It presents a classification of economic methods and models, and what they can say about counterfactuals and causation: cross-sectional comparisons, time-series comparisons, difference-in-differences comparisons, financial-analysis-based approaches, and market-structure-based approaches. The chapter then deals with the economics of pass-on in the context of the passing-on defence, the economic analysis used in class actions (a growing field), and the calculation of interest and discounting.
Historical Introduction to the Law Relating to the Duties and Liabilities of Directors
Authors: Arnold Mark
Published: June 2024

This chapter presents the historical introduction of laws relating to the duties and liabilities of directors. It clarifies that directors of a company are identified by their functions instead of their descriptive title, as per the Joint Stock Companies Act 1844. Moreover, directors occupy a central position in the structure of company law, made up of statutory provisions supported by common law rules and equitable principles. The chapter then covers the changing functions and obligations of directors as reflected in the default articles prescribed for companies. It elaborates on the changes in statute law as they have affected the functions, duties, and liabilities of directors.
Duty to Exercise Reasonable Care, Skill, and Diligence
Authors: Arnold Mark
Published: June 2024

This chapter notes the duty to exercise reasonable care, skill, and diligence in accordance with the Companies Act 2006. Care, skills, and diligence will be exercised by a reasonably diligent person with general knowledge, skill and experience. The provision reflects and replaces the position of common law as established in the Insolvency Act. The notion of care is understood as requiring carefulness, while skill denotes ability. Meanwhile, diligence may be understood as requiring the directors to apply themselves conscientiously to the affairs of the company and, in particular, the matter at hand. The chapter clarifies that the misjudgment of directors is not necessarily negligence.
Directors’ Liabilities
Authors: Hill Stuart
Published: June 2024

This chapter notes the provision of insurance in the Companies Act 2006. It acknowledges the provision as a valid means of indemnifying a director against liability attaching to him in connection with any negligence, default, breach of duty, or breach of trust. It mentions how the Model Articles for public and private companies contain a short permissive article dealing with the provision of insurance. Since the 2006 Act does not contain any restriction on providing such insurance to officers, a company can purchase Directors and Officers Liability Insurance (D&O Insurance) for its officers. The chapter looks into the interaction between D&O Insurance and indemnities from the company.
Liabilities of Directors to Third Parties
Authors: Hilliard KC Lexa
Published: June 2024

This chapter focuses on the liabilities of directors to third parties. Incorporation with limited liability shields a director from the routine liabilities associated with carrying on the business of the company. While the liabilities are the creation of the common law, the statute has an increasing role to play where the imposition of personal liability upon a director to a third party is appropriate. The chapter notes the circumstances in which a director can be held liable for costs incurred by the successful party in litigation where the company has sued or been sued. It also discusses the exposure of a director to proceedings for contempt of court where a company breached a judgment or order of the court.
Pension Schemes
Authors: Legge KC Henry , Robinson Thomas
Published: June 2024

This chapter provides an overview of pension schemes. It looks into the nature of the liability of employers under a defined benefit scheme in line with the establishment of the Pensions Act 2004. If the employer is unable to meet its liabilities to the scheme, the deficit could mean that the members of the scheme might not receive the benefits to which they are entitled under the scheme. The Pensions Act 2004 imposes an obligation on corporate trustees to ensure that each individual exercising any function of the company as trustee of the scheme is conversant. The chapter cites the powers of the regulator and its impact on directors.
The Regulatory Liability of Directors
Authors: Stoton Austin
Published: June 2024

This chapter tackles the regulatory liability of directors. Regulatory legislation imposes obligations in respect of areas like health and safety at work, fire safety, and trade. Moreover, the regulatory legislation imposes liability and criminal liability for breaching the aforementioned regulations. Directors’ behaviour may be attributed to the company for the purposes of establishing primary criminal liability on its part. The chapter considers circumstances in which directors may themselves be guilty and liable on a secondary basis personally in the regulatory context. It discusses the secondary liability of company directors and managers in correlation with its basis, proof, consent, connivance, neglect, and penalty.
Disqualification Proceedings
Authors: Amey Robert
Published: June 2024

This chapter focuses on disqualification proceedings under the Company Directors Disqualification Act 1986 (CDDA). The Greene Committee, Jenkins Committee and Cork Committee provided recommendations to address the dissatisfaction surrounding the disqualification law and proceedings. According to the CDDA provisions, disqualification is mandatory in the cases of unfit directors of insolvent or dissolved companies and companies in breach of competition law. Moreover, Undischarged bankrupts remain disqualified from taking part in or directly or indirectly being concerned in the promotion, formation, or management of a company. Meanwhile, Disqualified persons may apply to the court for permission to take part in the affairs of a company.
Directors’ Liabilities in Insolvency Proceedings
Authors: Fisher KC Richard
Published: June 2024

This chapter looks into the liabilities of directors in insolvency proceedings. It notes the concern claims available to the company when it entered insolvency proceedings within the Insolvency Act. Additionally, the claims against directors can either be brought in the name of the company or brought in the liquidation or administration. The chapter then details a director’s personal liability under the Insolvency Act for wrongful trading, fraudulent trading, or contravention of the restriction on the reuse of a company name. It elaborates on the impact on directors of the Insolvency Act provisions in relation to the adjustment of prior transactions.
Criminal Liability of Directors
Authors: Sibson KC Clare
Published: June 2024

This chapter focuses on the criminal liability of directors while focusing on their ordinary financial and fiduciary obligations. It highlights how an individual becomes liable for criminal conviction if he acts as a principal or secondary party to it. Company directors appear before the criminal courts in connection with the conduct of their working lives on charges as varied as false accounting, harassment, corruption, and assault. The chapter elaborates on the liabilities concerning fraud, theft, forgery, corruption, insider dealing, Insolvency Act offences and Companies Act offences. It also expounds on the extent of the Company Directors Disqualification Act 1986 (CDDA).
The Insolvency Proceedings Regulation as an EU Legal Instrument
Authors: Isaacs Stuart , Madaus Stephan
Published: June 2024

This chapter discusses the Insolvency Proceedings Regulation as an EU legal instrument. The Insolvency Proceedings Regulation is a form of EU subordinate legislation made under the Treaty on the Functioning of the European Union (TFEU). As such, its meaning and effects in national law are matters of EU law. This is because of the doctrine of the supremacy of EU law over national law. In particular, in ascribing meaning, or giving effect, to an EU legal instrument, a Member State court must do so in accordance with the principles laid down by the Court of Justice of the European Union (CJEU). The chapter then sets out the particular legal attributes which the Insolvency Proceedings Regulation has as an EU measure and describes the way in which it is to be understood as a matter of EU law. It also details the legal mechanisms established by the EU whereby solutions to questions of validity and interpretation may be obtained.
Hungary
Authors: Fazekas Judit , Pomeisl András
Published: June 2024

This chapter discusses the control of unfair contract terms in Hungary. Regulations on the control of unfair contract terms were already in place before Hungary’s accession to the European Union (EU). The chapter notes how the foreign currency-based (FC) loan crisis ended up threatening the country’s financial stability while causing serious liquidity problems for credit institutions. The Kúria played a key role in providing guidance on how to deal with the legal challenges posed by FC loan agreements. The chapter also considers the main examples of unfair or intransparent clauses, referencing foreign currency clauses and interest clauses in particular.
Austria
Authors: Schmit Alexander , Spitzer Martin
Published: June 2024

This chapter considers unfair terms in financial contracts in Austria. It covers how the General Terms and Conditions (GTC) play a major role in the banking and finance sector, where complex, non-tangible products have to be defined by the contract. Unfair terms in financial contracts have been a significant issue in Austria in recent decades and continue to play a major role in the academic discourse. Moreover, the Austrian Supreme Court has adopted the tough stance taken by the Court of Justice of the European Union (CJEU) against unfair clauses and shows strong reluctance to fill contractual gaps. The chapter also considers the main examples of unfair or intransparent clauses, referencing in particular cases dealing with pension options in insurance law.
Norway
Authors: Kjørven Marte Eidsand
Published: June 2024

This chapter discusses unfair terms in banking and financial contracts in Norway. Even though Norway is not part of the European Union (EU), Norway is bound by the provisions of Directive 93/13/EEC on unfair terms in consumer contracts through the Agreement on the European Economic Area (EEA Agreement). Moreover, the legal basis for unfair terms control in Norway can be found in both contract law and public law. The chapter clarifies that Norwegian courts and the ADR body, Norwegian Financial Services Complaints Board for Consumers (FinKN) do not apply the Unfair Contract Terms Directive (UTD) due to the strong legal culture among Norwegian lawyers. It notes that consumers in Norway are effectively deprived of their rights under the UTD in contracts for financial services or products.
Switzerland
Authors: Atamer Yeşim M
Published: June 2024

This chapter explores how Switzerland handles standard contract terms (SCT). Switzerland has a long-standing legislative maxim of autonomous implementation of European Union (EU) law, which resulted in a certain number of substantive law provisions being either adapted fully or influenced by EU law. The chapter highlights how Switzerland’s approach to the control of standard terms differs from that of the rest of Europe. It considers the comparison between SCT control and measures under the Unfair Terms Directive (UTD) and the courts’ practice that cannot accept the reality of the SCT. Even though the Swiss Supreme Court tries to conceal its lack of control by excluding ‘surprising terms’, there has been no decision finding a term in SCT unfair according to Article 8 UCA as of 2023.
Payment services contracts
Authors: Della Negra Federico
Published: June 2024

This chapter covers the case law of the Court of Justice of the European Union (CJEU) revolving around payment services contracts. The CJEU seeks to strike a balance between ensuring efficiency and innovation in payment services and protecting payment services users (PSUs) against frauds and misconduct. This case law introduced significant innovations in the contract law rules on the scope of pre-contractual information duties and pre-contractual remedies available to PSUs. After illustrating the EU regulatory framework built on the Directive 2007/64/EC (PSD1) and Directive (EU) 2015/2366 (PSD2), this chapter examines the scope of EU payment services regulation, the rules on pre-contractual information duties and distribution of payment services and instruments, the contract law rights and remedies and the rules on out-of-court dispute resolution.
Termination and Revocation of Offers
Authors: Tolhurst G J , Peden Elisabeth , Mik Eliza
Published: June 2024

This chapter examines the termination and revocation of offers. An offer may be terminated through lapse of time, the death of the offeror or offeree, the failure of some condition or contingency, by rejection (or counter-offer), or by communication of a revocation of the offer. Meanwhile, an offer may be revoked any time prior to its acceptance. Even if an offer is expressed to be open for a stated period of time, it can be revoked prior to that time elapsing. However, the ability of an offeror to revoke an offer any time prior to acceptance taking effect can cause difficulties for the offeree both in the context of bilateral contracts and unilateral contracts. The chapter then outlines how these difficulties can be circumvented with options and firm offers; how other areas of law, principally the law of estoppel, may provide relief; and finally discusses arguments for and against reform of the general principle.
Letters of Intent
Authors: Tolhurst G J , Peden Elisabeth , Mik Eliza
Published: June 2024

This chapter explores letters of intent and comfort. The only general rule is that there is no general rule, that is, one cannot say in advance that a letter of intent has or has no legal effect and if it does what the effect would be. Everything must depend on an objective analysis of what the parties have said and done. The chapter then considers cases where the letter of intent does not give rise to a contract; then those where, on the contrary, it gives rise to a full contract; and then situations which fall in between. It also looks at agreements imposing obligations as to the course of the negotiations. Ultimately, letters of intent can be binding ethically, if not legally.
Conditional Contracts
Authors: Tolhurst G J , Peden Elisabeth , Mik Eliza
Published: June 2024

This chapter addresses conditional contracts, which is typically the agreement that is expressed to be ‘subject to’ the performance or occurrence of some event that is not certain to occur. The event itself is termed a ‘contingency’, and it is the contract or its performance that is termed ‘conditional’. The contingency may be one requiring some conduct or decision to be made by one of the parties, or a third party, or it may refer to some other event that is out of the control of anyone, such as an act of nature. The chapter focuses on those conditions that impact on the formation of a contract. It examines agreements made ‘subject to contract’, and this is the principal area where issues of contract formation arise. The other principal ‘subject to’ provision is the ‘subject to finance’ clause.
Intention to Contract
Authors: Tolhurst G J , Peden Elisabeth , Mik Eliza
Published: June 2024

This chapter describes the requirement of an intention to contract, which must exist in all the parties. It begins by looking at presumptions and threshold intention. In a commercial setting, there is a strong presumption that the parties intend to contract. When the presumptions apply, the onus of proof shifts, and the party who wishes to challenge the legal efficacy of the agreement must bring into evidence facts that rebut the presumption. The chapter then considers family and social situations for three reasons. First, along with commercial transactions, they are the other areas where presumptions have been applied. Secondly, the approach to family and social situations provides a contrast with the approach to commercial settings. Thirdly, it is in family and social situations that the modern requirement of an intention to contract was first adopted. The chapter also discusses letters of comfort.
Consideration
Authors: Tolhurst G J , Peden Elisabeth , Mik Eliza
Published: June 2024

This chapter highlights doctrine and rules of consideration. The chapter begins by tracing the development of the doctrine. To be binding, a promise must be ‘supported by consideration’. This means that a plaintiff who seeks to enforce a promise must show that consideration has been given for it. The chapter then considers the adequacy of consideration before looking at nominal consideration. In order to enforce a promise, a promisee must provide fresh consideration and cannot rely on consideration that is past. The chapter also examines estoppel, particularly the doctrine of promissory estoppel. An important element of the doctrine is that by words or conduct a promise has been made.
TNCs under National Law: Regulatory Challenges and Opportunities
Authors: Aristova Ekaterina
Published: June 2024

This chapter presents the existing legal framework governing transnational corporations (TNCs) under national law and its subsequent regulatory challenges and opportunities. TNCs can and often operate worldwide under the centralised management and coordination of the parent company. However, the legal framework governing TNCs is not yet sufficiently developed to offer a satisfactory solution to deal with the negative human rights and environmental impacts of cross-border business activities. The major challenges for state regulation of TNCs include the mismatch between the global nature of TNCs’ activities carried out by legally distinct companies and the territorial jurisdiction of sovereign states. The chapter examines the emerging trend of home states’ involvement in improving the human rights performance of their TNCs through mandatory human rights due diligence.
The Application of Private International Law to FDL Claims
Authors: Aristova Ekaterina
Published: June 2024

This chapter examines the application of private international law to foreign direct liability (FDL) claims. It cites the regulatory dimension of private international law, which originated as a neutral and apolitical instrument to regulate private legal relationships associated with foreign law. To a certain extent, FDL claims have been hamstrung under the current operation of private international law. While TNCs and their cross-border activities’ rapid expansion hold certain implications on the rules of private international law, the chapter presents the foundation for adopting a focused and more nuanced approach to the jurisdiction in FDL claims. It also enumerates the unique considerations that influence the allocation of adjudicative jurisdiction in FDL claims.
Private and State Interests in FDL Claims
Authors: Aristova Ekaterina
Published: June 2024

This chapter covers the private and state interests in foreign direct liability (FDL) claims. It details the factors to be considered when defining the legitimate scope of the English courts’ jurisdiction in FDL claims. The interests of states are largely ignored in English law and practice of jurisdiction, even though FDL claims raise important policy considerations on the respective roles of home and host states in managing the human rights performance of transnational corporations (TNCs). However, the acceptance of jurisdiction by home states is a means by which victims can be provided with a remedy when host states are unwilling or unable to do so. The chapter explains the balancing exercise of the home states assertions of the jurisdiction in FDL claims.
The Viability of the ‘Economic Enterprise’ Theory for the Adjudication of FDL Claims
Authors: Aristova Ekaterina
Published: June 2024

This chapter considers the viability of the economic enterprise theory for the adjudication of FDL claims. It examines whether an economic enterprise approach is viable and useful for FDL claims, while also articulating a normative justification for enterprise jurisdiction for future research. Economic enterprise theory refers to the situation wherein a parent company and its subsidiaries are closely integrated and operate as a single economic enterprise. The chapter examines whether enterprise jurisdiction is one of the avenues allowing private international law to respond to the challenges presented by the unique characteristics of transnational corporations. It argues that enterprise jurisdiction has some theoretical attractiveness, but it is not feasible in practice at this stage.