bluuebunny/crossref_metadata_2025 huggingface dataset:
11. Hearsay in criminal cases
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the meaning of hearsay in criminal proceedings and the categories of hearsay admissible by statute in such proceedings. It considers the relationship between the hearsay provisions of the Criminal Justice Act 2003 (the 2003 Act) and Article 6 of the European Convention on Human Rights as it relates to hearsay; the definition of hearsay and its admissibility under the 2003 Act, including admissibility under an inclusionary discretion (section 114(1)(d); and safeguards including provisions relating to the capability and credibility of absent witnesses the power to stop a case and the discretion to exclude. Also considered in this chapter are: expert reports; written statements under section 9 of the Criminal Justice Act 1967; and depositions of children and young persons under section 43 of the Children and Young Persons Act 1933.
14. Confessions
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where it is represented that a confession has been obtained by oppression or in consequence of something said or done which was likely to render it unreliable. It also considers the discretion to exclude confession under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.
16. Evidence of character: evidence of character in civil cases
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the admissibility of evidence of character. A number of factors govern the admissibility of character evidence, including whether the proceedings are civil or criminal and whether the evidence relates to the character of a party or non-party. It is also necessary to consider the nature of the character evidence in question. It may relate to either good or bad character and, in either event, may constitute evidence of a person’s actual disposition, that is his propensity to act, think, or feel in a given way; or evidence of his reputation, that is his reputed disposition or propensity to act, think, or feel in a given way. Thus, the character of a person may be proved by evidence of general disposition, by evidence of specific examples of his conduct on other occasions (including, in the case of bad conduct, evidence of his previous convictions), or by evidence of his reputation among those to whom he is known.
11. The Protected Characteristics
Authors: Cabrelli David
Published: August 2018

This chapter analyses the ‘protected characteristics’ in the Equality Act 2010. These include sex, gender re-assignment, pregnancy, and maternity discrimination; race discrimination; religion or belief discrimination; sexual orientation, marriage, and civil partnership discrimination; and age discrimination. It examines these protected characteristics in detail, including some of the ‘boundary disputes’ which arise in the case of some of them. It then explores the genuine occupational requirements exception; the mechanics of the reversed burden of proof in discrimination cases; and the law of vicarious liability in the context of discrimination. Finally, The chapter sets out the various remedies available where a claimant is successful in his/her discrimination complaint before an employment tribunal.
19. Transfers of Undertakings
Authors: Cabrelli David
Published: August 2018

This chapter examines the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It first assesses the legal position prior to the introduction of the Acquired Rights Directive 2001, which is the source of TUPE. It then analyses the principal implications of TUPE and its provisions. It considers the circumstances when TUPE will apply and the extent to which TUPE has been interpreted progressively to include economic transactions and arrangements which transcend the transfer of an organization’s business and assets. The chapter also examines the impact of TUPE on the contract of employment, and discusses the information and consultation obligations imposed on transferors.
20. Collective Redundancies
Authors: Cabrelli David
Published: August 2018

This chapter examines the law on collective dismissals, which involve the large-scale off-loading of labour by an employer. It first considers the key provisions of the Collective Redundancies Directive. In particular, it focuses on the meaning of ‘collective redundancies’ and discusses the basic obligations of the employer, namely consultation and notification. It then turns to Chapter II Part IV of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA); the nature and extent of the employer’s obligations; and the consequences when the employer fails to comply with the statutory information and consultation procedures in section 188 of TULRCA.
8. Protection of Wages
Authors: Emir Astra
Published: August 2018

This chapter considers the provisions of the Employment Rights Act 1996 for the protection of wages. First, it considers the definition of wages, and what are deductions. It then goes on to look at restrictions on unauthorised deductions from wages and payments (ERA, ss 13, 15); excepted deductions and excepted payments (ERA, ss 14, 16); deductions and payments in retail employment (ERA, ss 17–18); and complaints to an employment tribunal (ERA, s 23). The chapter also discusses the rules for national minimum wage and national living wage, covering who qualifies for them, the hourly rates and methods of enforcement.
17. Unfair Dismissal
Authors: Emir Astra
Published: August 2018

The statutory provisions relating to unfair dismissal are found in ss 94–107 of the Employment Rights Act 1996. This chapter looks at what amounts to a dismissal and the ways in which a dismissal may take place, covering expiry of a fixed-term contract, resignation and constructive dismissal, and frustration of the contract. It also discusses the categories of employees which are not protected by the unfair dismissal provisions of ERA; the termination of the contract; fair and unfair dismissal; fair reasons for dismissal and some other substantial reason; written reasons for dismissal; and remedies for unfair dismissal such as reinstatment, re-engagement, and compensation, as well as showing how such compensation is to be calculated.
20. Practice and Procedure
Authors: Emir Astra
Published: August 2018

An employee seeking the enforcement of a statutory right, or to obtain a remedy for a breach of that right must present his claim to an employment tribunal. This chapter discusses the rules for making a claim to an employment tribunal and the employment tribunal procedure. It looks at time limits and the effective date of termination, and considers the mechanics of submitting and defending a claim; the various stages of proceedings such as preliminary hearings and case management as well as the final hearing; remedies including compensation, basic award and compensatory award; vexatious litigants, costs and appeals to the Employment Appeal Tribunal, and beyond.
17. Company officers, secretary and auditor
Authors: French Derek
Published: August 2018

This chapter focuses on company officers (secretaries, auditors and managers), with emphasis on their responsibilities and liabilities under the Companies Act 2006 (CA 2006) and the appropriate sanctions for breach of its requirements. It first considers who, in general terms, is an ‘officer’ or ‘manager’ of a company for the purposes of criminal or fiduciary liability. Then it deals with the appointment and qualifications of secretaries and the appointment and reappointment of auditors. There is discussion of auditors’ remuneration, integrity and independence, the required contents of an auditor’s report and an auditor’s investigative powers. There is analysis of an auditor’s liability in contract and tort for negligence in carrying out the audit and negligent misstatement in an auditor’s report. The chapter cites relevant legislation, including CA 2006 and UK Corporate Governance Code, and considers two particularly significant cases: Caparo Industries plc v Dickman [1990] 2 AC 605 and Stone and Rolls Ltd v Moore Stephens [2009] UKHL 39, [2009] AC 1391.
18. Remedies for maladministration
Authors: French Derek
Published: August 2018

This chapter considers the remedies available when maladministration occurs, with emphasis on the existence of the company as a separate person. It examines circumstances where a wrong has been done to the company or to individual members, focusing on the proper claimant principle established in Foss v Harbottle (1843) 2 Hare 461, and the possible action that can be taken against company officers who have committed a wrong. It also explains the causes for which a member can file derivative claims; the right of a member to petition the court for relief under the Companies Act 2006 (CA 2006), part 30 (ss 994 to 999); the concept of winding up; the irregularity principle; and when the Secretary of State can intervene in maladministration cases. The chapter cites relevant legislation (Companies Act 1985, Insolvency Act 1986 and CA 2006) and a number of particularly significant court cases.
5. Immigration law and human rights
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses human rights law as it affects immigration and asylum. It explains how human rights apply to decisions on entry and removal, and the extra-territorial application of Article 3, and its nature as an absolute right. The chapter discusses Article 8, and how the proportionality test is applied to removal decisions in particular. It considers the effect on Article 8 cases of the immigration rules, the Immigration Act 2014, and case law interpreting the relationship between the rules, statute and human rights. It briefly covers other Articles, including recent cases on Article 10. It also refers to the interaction of human rights with the duty in s 55 Borders Citizenship and Immigration Act 2009 to have regard to children’s welfare.
8. Family life
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter focuses on non-European Economic Area (EEA) nationals who wish to live permanently with family members who are settled in or are nationals of the UK. The family members of those coming to work or study and of refugees are also briefly considered. It examines marriage-related applications, that is, applications to join a spouse, fiancé(e), civil or long-term partner. It considers the rules relating to adult family members and children; the family life of those with limited leave; refugees and asylum seekers.
12. Claims for international protection
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the requirements for refugee status, according to Article 1A of the UN Convention Relating to the Status of Refugees 1951 and the Refugee Qualification Directive EC 2004/83, referred to as the Qualification Directive. This includes case law on the main concepts in refugee law: well-founded fear, persecution, Convention reason, causal link, and internal relocation. There is a focus on the particular problems in gender-based claims. The chapter considers protection for victims of trafficking, who may go through a parallel process to the asylum system.
15. Deportation
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter gives a brief history of the power of deportation. It then discusses in some detail the application of the ground that the deportation is conducive to the public good. This includes discussion of so-called automatic deportation under the UK Borders Act 2007, and of national security cases. The chapter also covers the Immigration Act 2014 provisions relating to deportation, including compulsory considerations for decision-makers and the power to ‘deport first appeal later’. The new case law on these provisions is also covered.
1. The establishment and development of the European Union
Authors: Foster Nigel
Published: August 2018

This chapter examines the history of the establishment and development of the European Union (EU). It discusses the underlying motives for its founding, which include the desire for peace, security against the rising threat from the Soviet Union, and economic development. It describes the changing relationship of the UK with the EU, particularly in view of the Brexit decision, and suggests that the origins of the Union can be traced from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC). This chapter also explains the roles and obligations of the EU in managing the external relations of its members, particularly in international trade.
3. Transfer of powers, competences, and law-making
Authors: Foster Nigel
Published: August 2018

This chapter examines the division of competence and the transfer of powers from member states to the European Union (EU) in relation to the law-making process. It explains that the transfer of powers is designed to provide EU institutions with law-making powers to enable the EU to carry out its duties. The chapter highlights shifting dynamics in the policy-making procedures of the EU, particularly the balance between the legitimacy of the European Parliament and the legislative superiority of the Council of Ministers. It also discusses the participation of the institutions in the legislative process and the law-making principles and procedures.
12. Free movement of persons
Authors: Foster Nigel
Published: August 2018

This chapter examines European Union (EU) law concerning the free movement of workers, establishment, services, and citizenship. It traces the historical development of the free movement rights of the self-employed and other workers and discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU). It explains the criteria for being considered an EU worker and describes the basic rights of those economically active EU nationals. It also considers the right of member states to refuse entry or order deportation and explains the procedural rights of persons facing such decisions. It considers the extension of free movement rights, which significantly affected the position of third-country nationals (TCNs), the wholly internal situations, and the extension of free movement rights into European citizenship. This chapter also discusses the general free movement provisions of the EU Directives and the Maastricht Treaty and analyses the case law of citizenship articles of the Treaty on the Functioning of the European Union (TFEU), explaining the principle of the wholly internal rule and the treatment of TCNs.
14. Discrimination law
Authors: Foster Nigel
Published: August 2018

This chapter examines sex discrimination law in the European Union (EU). It analyses the reasons for the original inclusion of sex discrimination in the Treaty on the Functioning of the European Union (TFEU) and discusses the provision of TFEU Articles that aim to promote equality and prohibit discrimination. It evaluates the scope of Article 157 TFEU and explains the principle of ‘equal pay for equal work’ and ‘work of equal value’. This chapter also considers the expansion of the EU equality law with Article 19 TFEU, the Pregnant and Breastfeeding Workers Directive, and the Social Security Directive.
4. The European Courts: composition, functions, jurisdiction; preliminary rulings
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

This chapter discusses the composition, functions and jurisdiction of European Courts. It discusses indirect actions (preliminary rulings) and direct actions, i.e. actions brought by or against the European Institutions and the Member States, and between the Member States. The Courts are the CJEU which includes the Court of Justice, the General Court and specialised courts. The chapter discusses rules of procedure, judicial activism, preliminary rulings, the jurisdiction of national courts, discretionary and mandatory references, when national courts should refer, whether, interim measures, effects of preliminary rules, and the future of preliminary rulings.
10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

This chapter reviews the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 of the TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and “mandatory requirements”; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.
12. Citizenship and free movement of persons: workers and establishment
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.
14. Competition law and policy
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

This chapter begins with an outline of the aims of competition law. It then provides an overview of Articles 101 and 102 of the TFEU. This is followed by discussions of the application and enforcement of EU competition law, and merger control.
15. Environmental law and policy
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

This chapter reviews environmental law and policy in the European Union, considering Union powers and the international context. It discusses the framework for Union environmental law and policy; environmental principles; European Union environmental law by sector; trade in endangered species; nature conservation; environmental protection implementation and enforcement; and environmental litigation.
16. Discrimination law: from sex discrimination in employment to a general equality principle
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

TiThis chapter focuses on discrimination prohibited in employment. It first looks at sex discrimination, which, as it developed both in respect of abundant case law and of legislation, has contributed much to the development of the more general principle of equal treatment. It then considers other forms of discrimination included in the directives made under Article 19 of the TFEU.
2. Taking instructions and other initial matters
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

This chapter begins with a look at the process of initial interviews with clients. At the start of any transaction it is important to establish a good working relationship with the client. The first interview marks the perfect time to do this, for it gives practitioners the opportunity to instil confidence in the client of their abilities as a conveyancer. The chapter then deals with estate agents; client care and advice on costs; advice on co-ownership; advice on finance; advice on survey; Law Society Conveyancing Protocol; professional conduct; and considerations for acting for either seller or buyer.
3. The draft contract
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

This chapter considers various issues relating to drafting a contract. These include preparatory steps by seller’s practitioner; formation of the contract; contents of the contract; sales of part; and special considerations.
4. Pre-contract searches and enquiries, town and country planning
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

This chapter considers pre-contract searches, enquiries, and town and country planning. It explains the why, what, and when of pre-contract searches and enquiries; the National Land Information Service; effects of the Law Society Conveyancing Protocol; commercial property enquiries; planning and conveyancing; changes of use; enforcement notices and stop notices; and building regulations.
5. Deduction and investigation of title
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

Deducing title is the process by which the seller demonstrates to the buyer that the seller owns the land and can convey it. Conversely, the process of investigating title is the means by which the buyer ensures that the seller does own the land, and can convey. This chapter discusses when these procedures are carried out and then considers in detail the methods for deducing and investigating title in both registered and unregistered land.
6. Preparing for and implementing exchange of contracts
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

This chapter first considers matters that must be attended to before an exchange of contracts when acting for the buyer and when acting for the seller. It then discusses implementing the exchange of contracts; actions taken after exchange; and death or insolvency of contracting parties between exchange and completion.
8. Pre-completion procedures and completion
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

This chapter begins with a discussion of pre-completion procedures, covering pre-completion when acting for the seller; pre-completion when acting for the buyer; pre-completion searches; and completion statements. It then focuses on completion, covering date, time, and place for completion; when the client is both selling and buying; and the mechanics of completion.
9. Post-completion procedures: delays and remedies
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

This chapter considers two areas that provide practitioners with some of the more challenging parts of the conveyancing process: first, post-completion procedures; and, second, dealing with delays and seeking appropriate remedies. Practitioners must deal with time limits, with ‘what if’ scenarios, and with the mechanics of stamping and registration. In particular, delays affecting conveyancing contracts, and the consequential remedies available, are a fertile source for conflict between conveyancing practitioners.
10. Leaseholds and commonhold
Authors: Abbey Robert M. , Richards Mark B.
Published: August 2018

This chapter begins by considering leases, dealing with leases when acting for a lessee or lender, liability on covenants in leases, and lease variations. It then discusses new leases, existing leases, statutes and leases, and the Commonhold and Leasehold Reform Act 2002.
6. Issuing and Serving
Authors: Sime Stuart
Published: August 2018

Civil proceedings commence with the issuance of a claim form. Issuing a claim involves the court sealing the claim form with its official seal. This chapter discusses issuing and serving proceedings. It covers the claim form; jurisdictional endorsements; particulars of claim; specialist claims; issuing a claim form; service of the claim form; deemed date of service of the claim form; service of documents other than a claim form; deemed date of service (non-claim form documents); certificate of service; irregular service; and filing of documents at court.
7. Renewal of Process
Authors: Sime Stuart
Published: August 2018

After proceedings commence by issuing a claim form or other originating process, they must be brought to the attention of the defendants or respondents by service. Generally, originating process remains valid for the purpose of service for a period of four months. Service of proceedings marks a watershed in the litigation process. It is at this point that the defendant is put on formal notice that legal proceedings have been brought, and the time limit on service of proceedings is one which is relaxed with extreme caution. This chapter discusses periods of validity; power to renew; claims in respect of cargo carried by sea; multiple defendants; effect of stay; procedure on seeking an extension; and challenging an order granting an extension.
15. Track Allocation and Case Management
Authors: Sime Stuart
Published: August 2018

Judicial case management of civil litigation is one of the central planks of the Civil Procedure Rules 1998 (CPR). In exercising their powers to manage cases, the courts will be seeking to secure the overriding objective of the CPR of ensuring that cases are dealt with justly and at proportionate cost. This chapter discusses procedural judges; docketing; provisional track allocation; filing directions questionnaires; track allocation rules; notice of allocation; allocation directions; ADR and stays to allow for settlement; transfer to appropriate court; trial in the Royal Courts of Justice; changing tracks; and subsequent case management.
29. Multi-Track
Authors: Sime Stuart
Published: August 2018

The multi-track deals with a vast range of cases, from simple contractual disputes involving little more than £25,000, to complex commercial cases involving difficult issues of fact and law with values of several million pounds, to cases where perhaps no money is at stake but which raise points of real public importance. Cases on the multi-track will generally be dealt with either in the Royal Courts of Justice or other civil trial centre. This chapter discusses agreed directions; case management conferences; fixing the date for trial; pre-trial checklists; listing hearings; pre-trial review; directions given at other hearings; and variation of case management timetable.
38. Listing and Pre-Trial Reviews
Authors: Sime Stuart
Published: August 2018

Claims that are not compromised and which do not end through striking out or summary or default judgment, have to be determined by the court at trial. Listing is the process whereby the court gives a date for the trial. This chapter discusses listing for trial; pre-trial reviews; listing in the Royal Courts of Justice; and adjournments.
40. References to the Court of Justice of the European Union
Authors: Sime Stuart
Published: August 2018

An English court faced with a question of EU law may sometimes decide it itself, or may refer it to the Court of Justice of the European Union (CJEU) in Luxembourg for a preliminary ruling. If a reference is made, the English proceedings will be stayed pending the ruling of the CJEU. Once it is made, the ruling is binding on the English court, but it is only a preliminary ruling, in that the English court is left to apply the ruling to the facts of the case and to give judgment. This chapter discusses the questions which may be referred to the CJEU; mandatory references; discretionary references; procedures in England; procedure in the CJEU; and costs of the parties in seeking a ruling from the CJEU.
43. Freezing Injunctions
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules on freezing injunctions. A freezing injunction is an interim order restraining a party from removing assets located within the jurisdiction out of the country, or from dealing with assets whether they are located within the jurisdiction or not. The order is usually restricted to assets not exceeding the value of the claim. The main purpose of a freezing injunction is to prevent the injustice of a defendant’s assets being salted away so as to deprive the claimant of the fruits of any judgment that may be obtained.
44. Search Orders
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules for search orders. A search order is a bundle of interim orders which require the respondent to admit another party to premises for the purpose of preserving evidence which might otherwise be destroyed or concealed by the respondent. Search orders are principally, but not exclusively, used in intellectual property claims against defendants who are likely to destroy incriminating evidence rather than disclose it voluntarily under standard disclosure.
48. Enforcement
Authors: Sime Stuart
Published: August 2018

Parties occasionally refuse to comply with the judgments and orders of the court. A range of enforcement procedures is available to ensure compliance. This chapter discusses enforcement of money judgments; enforcement of judgments for the delivery of goods; enforcement of judgments for the possession of land; contempt of court; and enforcement of foreign judgments.
9. The Duty of Confidentiality
Authors: Cranston Ross , Avgouleas Emilios , van Zweiten Kristin , van Sante Theodor , Hare Christoper
Published: August 2018

This chapter discusses the legal duty of confidentiality (or secrecy) that banks owe their customers. The real problems in the application of the doctrine in practice are two-fold. First, confidentiality has a habit of getting in the way of commercially acceptable practices. There is the potential for breaches of confidentiality where a bank performs different functions. For instance, banks may like to distribute information throughout the corporate group so that a range of financial, insurance, and other services can be marketed to customers. Secondly, confidentiality can act as a cloak for wrongdoing, often on a massive scale. Political leaders who have exploited their people, drug barons, and criminals have used the banking system to spirit away their ill-gotten gains. Bank confidentiality has then acted as an obstacle to bringing the culprits to justice and recovering the booty. Confidentiality also provides one of the explanations of how international terrorists have transferred financing round the world without detection.
15. Banks and the Capital Markets
Authors: Cranston Ross , Avgouleas Emilios , van Zweiten Kristin , van Sante Theodor , Hare Christoper
Published: August 2018

This chapter considers banks' securities activities. Many banks have compensated for the decline in traditional finance by emphasizing their securities activities. These range from the traditional task of investment banks in advising, underwriting, and distributing new issues of securities, through to dealing on their own account on securities and derivatives markets — proprietary trading. In the decade leading up to the Global Financial Crisis, banks also played a significant role in introducing new products to these markets, including asset-backed securities and credit derivatives. The onset of the crisis provoked intense scrutiny and widespread criticism of many of these activities, and led to the introduction of significant controls on the ability of banks to engage in them. The chapter discusses types of securities, subordination, and custody; distributing securities issues; and securities regulation.
An Alternative Cure: The Adoption and Survival of Bacteriophage Therapy in the USSR, 1922–1955
Authors: Myelnikov Dmitriy
Published: August 2018

Felix D’Herelle coined the term bacteriophage in 1917 to characterize a hypothetical viral agent responsible for the mysterious phenomenon of rapid bacterial death. While the viral nature of the “phage” was only widely accepted in the 1940s, attempts to use the phenomenon in treating infections started early. After raising hopes in the interwar years, by 1945 phage therapy had been abandoned almost entirely in the West, until the recent revival of interest in response to the crisis of antibiotic resistance. The use of phage therapy, however, persisted within Soviet medicine, especially in Georgia. This article explains the adoption and survival of phage therapy in the USSR. By focusing on the Tbilisi Institute of Microbiology, Epidemiology and Bacteriophage (now the Eliava Institute), I argue that bacteriophage research appealed to Soviet scientists because it offered an ecological model for understanding bacterial infection. In the 1930s, phage therapy grew firmly imbedded within the infrastructure of Soviet microbiological institutes. During the Second World War, bacteriophage preparations gained practical recognition from physicians and military authorities. At the dawn of the Cold War, the growing scientific isolation of Soviet science protected phage therapy from the contemporary western critiques, and the ecological program of research into bacteriophages continued in Georgia.
Overview of EU and UK competition law
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter provides a brief overview of EU and UK competition law and the institutions involved in formulating, interpreting and applying competition law. It also explains the relationship between EU competition law and the domestic competition laws of the Member States, in particular in the light of Article 3 of Regulation 1/2003. The rules of the European Economic Area are briefly referred to, and the trend on the part of Member States to adopt domestic competition rules modelled on those in the EU is also noted. Three diagrams at the end of the chapter explain the institutional structure of EU and UK competition law.
Horizontal agreements (3): cooperation agreements
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter discusses horizontal cooperation agreements between competitors. There may be circumstances in which competitors cooperate with one another in a way that delivers economic benefits, not just for themselves but for consumer welfare as well. After a discussion of joint ventures, the chapter discusses the application of Article 101 to horizontal cooperation agreements. It refers, in particular, to the European Commission’s Guidelines on Horizontal Cooperation Agreements and discusses, in turn, information exchange, research and development agreements, production agreements, purchasing agreements, commercialisation agreements, standardisation agreements and other cases of permissible horizontal cooperation. It concludes with a brief look at the treatment of horizontal cooperation agreements under UK competition law.
Abuse of dominance (1): non-pricing practices
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter considers abusive non-pricing practices under Article 102 TFEU and the Chapter II prohibition in the Competition Act 1998. It deals in turn with exclusive dealing agreements; tying; refusals to supply; abusive non-pricing practices that are harmful to the single market; and miscellaneous other non-pricing practices which might infringe Article 102 or the Chapter II prohibition. Reference is made where appropriate to the Commission’s Guidance on the Commission’s Enforcement Priorities in Applying Article [102 TFEU] to Abusive Exclusionary Conduct by Dominant Undertakings.
Mergers (1): introduction
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. It begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (‘the EUMR’). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.
Effects of mass models on dynamical mass estimate: the case of ultradiffuse galaxy NGC 1052-DF2
Authors: Hayashi Kohei , Inoue Shigeki
Published: August 2018

NGC 1052-DF2 was recently discovered as the dark-matter-deficient galaxy claimed by van Dokkum et al. However, large uncertainties on its dynamical mass estimate have been pointed out, concerning the paucity of sample, statistical methods, and distance measurements. In this work, we discuss the effects of the difference in modelling of the tracer profile of this galaxy on the dynamical mass estimate. To do this, we assume that the tracer densities are modelled with power-law and Sérsic profiles, and then we solve the spherical Jeans equation to estimate the dynamical mass. Applying these models to kinematic data of globular clusters in NGC 1052-DF2, we compare 90 per cent upper limits of dynamical mass-to-light ratios estimated from this analysis and from van Dokkum et al. We find that the upper limit obtained by the power-law is virtually the same as the result from van Dokkum et al, whilst this limit estimated by the Sérsic is significantly greater than that from van Dokkum et al, thereby suggesting that NGC 1052-DF2 can still be a dark-matter-dominated system. Consequently, we propose that dynamical mass estimate of a galaxy is largely affected by not only the small kinematic sample but the choice of tracer distributions, and thus the estimated mass still remains quite uncertain.
Utility of Preoperative Simulation for Ventricular Catheter Placement via a Parieto-Occipital Approach in Normal-Pressure Hydrocephalus
Authors: Yamada Shigeki , Ishikawa Masatsune , Yamamoto Kazuo
Published: August 2018

BACKGROUND

Freehand ventricular catheter placement has been reported to have poor accuracy.

OBJECTIVE

To investigate whether preoperative computational simulation using diagnostic images improves the accuracy of ventricular catheter placement.

METHODS

This study included 113 consecutive patients with normal-pressure hydrocephalus (NPH), who underwent ventriculoperitoneal shunting via a parieto-occipital approach. The locations of the ventricular catheter placement in the last 48 patients with preoperative virtual simulation on the 3-dimensional workstation were compared with those in the initial 65 patients without simulation. Catheter locations were classified into 3 categories: optimal, suboptimal, and poor placements. Additionally, slip angles were measured between the ventricular catheter and optimal direction.

RESULTS

All patients with preoperative simulations had optimally placed ventricular catheters; the mean slip angle for this group was 2.8°. Among the 65 patients without simulations, 46 (70.8%) had optimal placement, whereas 10 (15.4%) and 9 (13.8%) had suboptimal and poor placements, respectively; the mean slip angle for the nonsimulation group was 8.6°. The slip angles for all patients in the preoperative simulation group were within 7°, whereas those for 31 (47.7%) and 10 (15.4%) patients in the nonsimulation group were within 7° and over 14°, respectively. All patients with preoperative simulations experienced improved symptoms and did not require shunt revision during the follow-up period, whereas 5 patients (7.7%) without preoperative simulations required shunt revisions for different reasons.

CONCLUSION

Preoperative simulation facilitates accurate placement of ventricular catheters via a parieto-occipital approach. Minimally invasive and precise shunt catheter placement is particularly desirable for elderly patients with NPH.
Is the Supraorbital Notch a Reliable Landmark to Avoid the Frontal Sinus?
Authors: Ostergard Thomas A , Glenn Chad A , Dekker Simone E , Bambakidis Nicholas C
Published: August 2018

BACKGROUND

When performing a craniotomy involving the orbital bar, the supraorbital notch is a potential landmark to localize the lateral extent of the frontal sinus. Avoidance of the frontal sinus is important to reduce the risk of postoperative surgical site infection, epidural abscess formation, and mucocele development.

OBJECTIVE

To determine the reliability of the supraorbital notch as a marker of the lateral location of the frontal sinus.

METHODS

Cadaveric dissections were used with image guidance software to define the relationship between the frontal sinus and supraorbital foramen.

RESULTS

The supraorbital notch was located 2.54 cm from midline and the lateral extent of the frontal sinus extended 2.84 mm lateral to the supraorbital notch. When performing a craniotomy extending medially to the supraorbital notch at a perpendicular angle, the frontal sinus was breached in 65% of craniotomies. When the craniotomy ended 10 mm lateral to the supraorbital notch, the rate of frontal sinus breach decreased to 10%.

CONCLUSION

When performing a craniotomy involving the supraorbital notch, a lateral to medial trajectory that ends 15 mm to the supraorbital notch will minimize the risk of frontal sinus violation.
Posterior Cervical Keyhole Laminoforaminotomy: A Cadaveric Comparative Study to Evaluate Limits of Bony Resection
Authors: Bayoumi Ahmed B , Berk Selim , Efe Ibrahim E , Bas Elif Gulsah , Duran Melissa , Yigit Tolga , Erden Agin , Kristal Bruce S , Kilic Turker , Konya Deniz , Toktas Zafer Orkun
Published: August 2018

BACKGROUND

The posterior cervical keyhole (KH) laminoforaminotomy has been described to involve the lateral portion of cervical laminae of the upper vertebra alone (small KH) or of both upper and lower vertebrae (large KH).

OBJECTIVE

To microscopically compare the two keyhole techniques in terms of their ability to expose the corresponding cervical roots.

METHODS

Ten cadaveric specimens were operated bilaterally from C3-4 to C6-7 level to expose a total of 80 nerve roots. The large KH was applied to the left side, the small KH to the right side. The maximal length of exposed nerve roots was measured under microscope. The virtual optimal KH surface area was determined using digital software. Each root was inspected for exposure of its root and axilla.

RESULTS

The maximal exposed nerve root length on the large KH side was significantly larger than on the small KH side at C3-4, C5-6, and C6-7 levels (P = .031, P = .002, P = .003). No significance was reported for C4-5 (P = .06). We could expose right axillae in (3/40) and left axillae in (33/40; P < .001). Optimal keyhole surface areas were 37.9, 38.2, 38.7, and 46.2 mm2 in craniocaudal order.

CONCLUSION

Large KH defects involving both upper and lower laminae and facets can expose the roots to greater extent than small KH defects at C3-4, C5-6, and C6-7 levels. Large KH defects may allow better exposure of nerve roots axillae than small KH defects.
Noninvasive Transorbital Assessment of the Optic Nerve Sheath in Children: Relationship Between Optic Nerve Sheath Diameter, Deformability Index, and Intracranial Pressure
Authors: Padayachy Llewellyn , Brekken Reidar , Fieggen Graham , Selbekk Tormod
Published: August 2018

BACKGROUND

Measurement of optic nerve sheath diameter (ONSD) is a promising technique for noninvasive assessment of intracranial pressure (ICP), but has certain limitations. A recent study showed that the deformability index (DI), a dynamic parameter quantifying the pulsatile nature of the optic nerve sheath, could differentiate between patients with high vs normal ICP.

OBJECTIVE

To further evaluate the diagnostic accuracy of the DI, when interpreted together with ONSD.

METHODS

This prospective study included children undergoing invasive ICP measurement as part of their clinical management. Ultrasound images of the optic nerve sheath were acquired prior to measuring ICP, the images were further processed to obtain the DI. Patients were dichotomized into high (≥20 mm Hg) or normal ICP groups and compared using the Mann–Whitney U-test. Diagnostic accuracy was described using area under the receiver operating characteristic curve (AUC), sensitivity and specificity, correlation between DI, ONSD, and ICP was investigated using linear regression.

RESULTS

A total of 28 patients were included (19 high ICP). The DI was lower in the high ICP group (0.105 vs 0.28, P = .001). AUC was 0.87, and a cut-off value of DI ≤ 0.185 demonstrated sensitivity of 89.5% and specificity of 88.9%. Diagnostic accuracy improved when combining DI with ONSD (AUC 0.98, sensitivity 94.7%, specificity 88.9%) and correlation with ICP improved when combined analysis of DI and ONSD was performed (Pearson correlation coefficient: 0.82 vs 0.42, respectively, P = .012).

CONCLUSION

The DI was significantly lower for patients with high vs normal ICP. This relationship improved further when the DI and ONSD were interpreted together.
Ventriculoperitoneal Shunt Complications in the European Idiopathic Normal Pressure Hydrocephalus Multicenter Study
Authors: Feletti Alberto , d’Avella Domenico , Wikkelsø Carsten , Klinge Petra , Hellström Per , Tans Jos , Kiefer Michael , Meier Ulrich , Lemcke Johannes , Paternò Vincenzo , Stieglitz Lennart , Sames Martin , Saur Karel , Kordás Mariann , Vitanovic Dusan , Gabarrós Andreu , Llarga Feixa , Triffaux Michael , Tyberghien Alain , Juhler Marianne , Hasselbalch Stehen , Cesarini Kristina , Laurell Katarina
Published: August 2018

BACKGROUND

Ventriculoperitoneal shunt (VP-shunt) is the standard of treatment for idiopathic normal pressure hydrocephalus (iNPH). However, a thorough investigation of VP-shunt complications in this population is lacking.

OBJECTIVE

To present the analysis and the rates of complications progressively occurring during the first year after shunt surgery in the patients with iNPH included in the European multicenter (EU-iNPH) study.

METHODS

Patients (n = 142) were prospectively included in the EU-iNPH study by 13 institutions. All patients received a programmable VP-shunt. One hundred fifteen patients completed the 12-mo follow-up. Reexaminations were performed 1, 3, and 12 mo after surgery. Data regarding symptomatic over- or underdrainage, infections, malposition, subdural collections, and shunt surgery were collected and analyzed.

RESULTS

Thirty patients (26%) experienced symptoms due to shunt underdrainage. Symptomatic overdrainage was reported in 10 (9%). Shunt adjustments were made in 43 (37%). Shunt malposition was recognized as the primary cause of shunt malfunction in 8 (7%), while only 1 infection (0.9%) occurred. Subdural hematoma was diagnosed in 7 (6%) and was treated by increasing the opening pressure of the valve in 5 patients. Hygroma was diagnosed in 10 (9%), requiring surgery in 1 patient. Overall, 17 patients (15%) underwent 19 shunt surgeries.

CONCLUSION

The advances in valve technology, a careful opening pressure setting, and rigorous follow-up allow a significant reduction of complications, which can be usually managed nonsurgically within the first 3 to 6 mo.