bluuebunny/crossref_metadata_2025 huggingface dataset:
Introduction
Authors: Cross Rupert , Harris J W
Published: November 2023

PRECEDENT is usually discussed in books on jurisprudence. Jurisprudence may be roughly described as the study of a lawyer’s fundamental assumptions. Bentham spoke of it as ‘the art of being methodically ignorant of what everybody knows’. If for ‘every-body’ we substitute ‘every lawyer’, we arrive at the conception of jurisprudence to which the following pages seek to give effect. Every lawyer, whether he is a practitioner or a legal writer, usually takes for granted the meaning of such statements as ‘that is a rule of law’, ‘this was the ratio decidendi of the case’, ‘the decision is binding on the Court of Appeal, but not on the House of Lords’, and ‘X has a legal right to be paid £100 by Y’. One of the purposes of jurisprudence is to elucidate these statements. It is not, or at least need not be, the only purpose of jurisprudence. A consideration of the ethical or social merits of legal rules also forms part of that subject. When the elucidation of legal concepts is the primary object of investigation, the undertaking is often spoken of as ‘analytical jurisprudence’; this book may be described as an essay in analytical jurisprudence because it is primarily concerned with the elucidation of the rules of precedent and of some other problems raised by case-law.
Exceptions to Stare Decisis
Authors: Cross Rupert , Harris J W
Published: November 2023

One of the defects of the preliminary statement of the English rules of precedent in Chapter I is that, the House of Lords apart, it does not refer to the existence of important exceptions to the rule of stare decisis. The purpose of the present chapter is to analyse those exceptions. They have varied from period to period for stare decisis has been the general rule in England for a considerable time. It will be convenient to begin by saying something of Sir William Holdsworth’s views on this subject before discussing the notion of overruling a case which is essential to a proper understanding of the rest of the chapter. Holdsworth’s general thesis was that the English doctrine of precedent hits the golden mean between too much flexibility and too much rigidity; for it gives to the legal system the rigidity which it must have if it is to possess a definite body of principles, and the flexibility which it must have if it is to adapt itself to the needs of a changing society.
Public Law and Political Theory
Authors: Loughlin Martin
Published: November 2023

In 1956 Peter Laslett, remarking on the fact that we no longer have philosophers applying ‘the methods and the conclusions of contemporary thought to the evidence of the contemporary social and political situation’, declared: ‘For the moment, anyway, political philosophy is dead.’ Laslett suggested that this break with a 300 year old Anglo-Saxon tradition stretching from Hobbes to Bosanquet was the result of the rise of positivism, the effect of which was to signify that there was no such rational discipline capable of yielding genuine knowledge. The rise of political science based on the model of the natural sciences and focusing on the rigorous collection of data, the discovery of correlations, and the formulation of testable hypotheses, had signalled the end of that subject. To the extent that there was a role for philosophy in the field of political studies, it was to analyse the language employed in political discourse and to eliminate verbal confusions which may inhibit advances in political science.
The Structures of Public Law Thought
Authors: Loughlin Martin
Published: November 2023

One basic objective of this book is to indicate that there has been little genuine debate within the subject of public law. Confusion reigns, since any disputes which do arise seem to be conducted on the assumption that the issue of controversy is that of the true weight of the evidence whereas in fact such disputes tend to concern the more fundamental issue of what constitutes evidence. Consequently, I suggest that there is little consensus amongst public lawyers about the basic contours of their discipline. Consensus exists only amongst those who share the same theoretical frame¬ work. If this analysis seems convincing our most important task in seeking to understand the subject must be to examine the conceptual structures which dominate public law thought. It is only by analysing the languages and traditions that shape these contrasting maps of the landscape, by charting their transformations, and by comparing and evaluating them in the light of our horizons that we will be able to achieve some progress in the subject.
Foundations of Functionalism
Authors: Loughlin Martin
Published: November 2023

There are certain problems in seeking to identify the intellectual foundations of the functionalist style in public law with a particular political ideology. It is clear that, if normativist style has its roots in conservatism and liberalism, similarly one may say that the functionalist style has a certain affinity with a political theory of socialism. That statement must be qualified, however, if for no other reason than that there is no one theory of socialism to which the main adherents of a functionalist style would subscribe. It may therefore be more accurate to identify the functionalist style with those who adopt a collectivist social ontology. As a result, the foundations of functionalism may best be revealed by examining intellectual orientations rather than, in a strict sense, a political ideology. This is the method which I shall adopt. The three primary intellectual influences on the functionalist style which we shall examine are those of sociological positivism, evolutionary social theory, and pragmatism in philosophy.
The Triumph of Liberal Normativism?
Authors: Loughlin Martin
Published: November 2023

The styles of conservative normativism and functionalism both express extreme scepticism about the ability to fashion a constitutional order on the foundation of individual rights. Conservatives in general reject rights-talk because such language is fundamentalist and thus fails to recognize the conditionality of its claims. They argue that, when the language of rights is intensively utilized, it tends to destroy the intricate heritage of understandings which sustains a society. Oakeshott, for example, argues that abstract principles are incapable of determining actions. Such principles are cribs of practical knowledge and hence are contingent and indeterminate. Socialists have also been sceptical, primarily because of the empiricist and pragmatic strains in British socialist thought. As a result of the empiricist strain, statements of legal principle tend to be viewed as ‘metaphysical nonsense’.
Public Law in the Face of the Future
Authors: Loughlin Martin
Published: November 2023

This book opened with the suggestion that public law is currently in a rather unsatisfactory state. We are now in a position to appreciate why this might be the case. I have tried to show, first, that public law discourse is bifurcated. There are two basic styles of thought in public law, which I have labelled normativism and functionalism. Between adherents of these two styles there is virtually no agreement over the contours and boundaries of the subject. Although writers may use similar concepts-such as sovereignty, liberty, democracy, and law-the meanings which such concepts convey tend to be rather different. This is hardly surprising since these concepts perform different roles within competing models of public law. I have, secondly, endeavoured to demonstrate that the roots of these competing styles are to be found in theories of politics and society. There is no neutral language of public law. We can understand what a writer is saying only if we understand the political tradition within which the writer works.
Beveridge and Bryond the Shift from Insurance to Means-testing
Authors: Harris Neville
Published: November 2023

This chapter covers a crucial period in the evolution of the British social security sys tem, starting with the Beveridge Report (1942), which formed a blueprint for the post-war welfare state and had an influence far beyond the United Kingdom. It examines the key elements of the Beveridge plan, which was based largely around a scheme of insurance-based benefits, and discusses the plan’s implementation. It seeks to explain the influence of Beveridge’s vision of a universal, insurance-based welfare system on the subsequent development of social security, and charts the gradual shift in the complexion of the social security system from being primarily insurance-based to placing an increasing emphasis on means-tested benefits to provide for basic subsistence needs.
Widening Agendas: the Social Security Reviews and Reforms of 1985-8
Authors: Harris Neville
Published: November 2023

The Social Security Act 1986 was an important landmark in the post-war develop ment of social security in Britain. It is true that the reforms did not result in a complete restructuring of the benefits system and its legal framework; indeed, the Government acknowledged that its proposals, published in 1985, were ‘not based on a grand design for a new state system’.Nevertheless, the Act produced highly important changes-the introduction of income support, the social fund and family credit, and a revised housing benefit scheme-all of which are, over a decade on, still key elements of the present social security system. Among other reforms were the scaling down of the state earnings-related pension scheme (SERPS), the abolition of death grant and the restructuring of widow’s pension. Just as significantly, the reforms produced gains for some client groups and losses for others most notably, in the case of the latter, young people, families, and the unemployed. The reforms are also significant for their entrenchment of prevailing New Right principles of reduced state welfare provision, increased self-reliance and greater private provision. The Government postulated that while state provision had an important role to play, ‘it should not discourage self-reliance or stand in the way of individual provision and responsibility’.Social security provision should be based on ‘a partnership between the individual and the state-a system built on .
Social Security, Money Management and Debt
Authors: Rahilly Simon
Published: November 2023

Successive governments have sought to contain spending on social security and maintain the poor-law principle of lesser eligibility-which is closely related to the current Government’s policy agenda of ‘welfare to work’. The imperative has been to ensure that benefit claimants remain at the lowest end of the range of incomes. Social security not only serves to relieve poverty, it also perpetuates it with low rates of benefit compared with other incomes (sec Chapter 2). The promotion of self reliance means that there will be strict limits on the provision of any extra assistance to help with particular financial difficulties.
Privacy in Cyberspace: Personal Information, Free Speech, and the Internet
Authors: Wacks Raymond
Published: November 2023

Reports of the fragility of ‘privacy’ have been sounded for at least a century. Most recently, advances in computer technology have been decried as the nemesis of whatever vestiges of ‘privacy’ still survive. At the same time, the ‘information superhighway’ is hailed as a Utopia waiting to be born. When cliches contend, it is unwise to expect sound resolutions to the problems they embody, but between these two exaggerated claims, something resembling the truth probably resides. In respect of the future of ‘privacy’ at least, there can be little doubt that the questions are changing before our eyes. And if, in the flat-footed domain of atoms, we have achieved only limited success in protecting individuals against the ravages of surveillance and sensationalism, how much better the prospects in our binary universe?I have long argued (to little effect)1 that the dominant analysis of the question of ‘privacy’ is, at least in its legal incarnation, misconceived and, perhaps, even counter-productive. My point of departure has been the simple-minded observation that however worthy the values that coalesce around the amorphous concept of ‘privacy’, they are too sweeping, too varied, to inhabit (at least comfortably) that overworked notion. Or, to be more accurate, it has seemed to me that at the heart of our concern to protect‘privacy’ lies a desire, probably a need, to prevent information about our being known to others without our consent.
Some Comparative Reflections on the Right of Privacy of Public Figures in Public Places
Authors: Markesinis Basil S , Nolte Nico
Published: November 2023

English judges are becoming more comparatively minded than they might be willing to admit; and current developments suggest that this trend is bound to increase, not decrease, with the passage of time. For instance, the gradual divergence of common law jurisdictions on such important matters as liability for pure economic loss1 will increase the pressure on our judiciary to reconsider their views on this perennial problem and, more importantly, towards the principle of incrementalism which they imported from Australia with such enthusiasm. 2 A change of attitude here will put tort law into forward gear, something which the judges of the 1980s have feared but which seemed to have left their predecessors in the 1970s relatively undaunted. Commonwealth Jaw will not be the only source of inspiration.
The Flight to the Fiduciary Haven
Authors: Hoyano* Laura
Published: November 2023

A lawyer strolling along the boundaries of tort and contract may be startled to discover that the walls have been breached in many places by an intruder: the fiduciary phenomenon.This essay will explore part of the territory the fiduciary concept recently has invaded, considering its impact on the common law of obligations. As a starting point, I will examine recent initiatives by several Justices of the Supreme Court of Canada to colonies territory previously unclaimed for the fiduciary realm. Some of this terrain had already been staked out by tort and contract, whilst other areas had not previously been occupied by non-statutory sources of law at all.1The fervor with which some Canadian jurists have embraced the fiduciary principle has bemused their Commonwealth colleagues.
The Identification of Fiduciaries
Authors: Glover John
Published: November 2023

It is not easy to predict where and when the next fiduciary relationship will be found. Across the common law world, there is an absence of agreed criteria for how the ‘fiduciary’ word should be used. Much has now been writ ten about this. At a high level of generality one might say that fiduciaries are to be found in trusting relationships. They can be identified by a fidelity that they agreed to, undertook, or are taken to have assumed. Beyond that there is no consensus. What a ‘trusting relationship’ is, and what ‘taken to have assumed’ may include, are matters which have virtually defied explanation. Assuming that a ‘fiduciary relationship’ is a substantial, not instrumental or fictitious category, a new approach to these matters is proposed here.Fiduciaries of the familiar sort are sometimes said to be within ‘accepted categories’ of fiduciary relationship. Partners, agents and principals, employers and employees, companies and directors, and solicitors and clients comprise a traditional list.2 One might add to this number guardians and wards, trustees and beneficiaries, receivers in bankruptcy and creditors, liquidators and contributories, and a few more. Calling these relationships ‘accepted’ means no more than that courts habitually invest them with a fiduciary consequence. Fiduciary characterization is not presumed.
Case-Studies
Authors: Susskind Richard
Published: November 2023

I turn now to intensely practical matters, by devoting this chapter and the next one to exploring IT and the law in action together. Here I return to the important distinction introduced in Section 2.1, that between automating, informating, and innovating. Throughout the book I have given examples of each of these functions. Now, I go further by presenting more detailed case-studies of the practical applications of each. All but one of the case-studies are based on firsthand, personal experience of the systems in question. I have selected those which have left the most lasting impressions on me, either because they so clearly demonstrate the power of some applications or because they clarify the central claims and arguments of this book. Automating emerges clearly as a tool for streamlining legal processes; informating is seen to create opportunities to exploit the by-products of automation; while innovating results in the re-engineering of legal service generally or of legal processes in particular.
Critical Success Factors
Authors: Susskind Richard
Published: November 2023

How can we give ourselves the best chance of success in realizing the vision of this book and in introducing systems of the sort just described in the case-studies of the previous chapter? This chapter deals with the fundamental steps which I believe must be taken. An overview of the topics addressed is presented in Figure 7.1. In light of my own consulting and management experience, and countless insights from other specialists as well, I deal with the all-important trinity of strategy, planning, and management. I follow this with my ‘Triple A’ Formula, which stipulates that success can be achieved only if proposed applications are available technically, acceptable financially, and achievable culturally. Finally, I map out education and training requirements for lawyers, taking account of the entire spectrum from school education through to the edification of the most experienced legal practitioners.
The Regulation of Financial Services: Lessons from the UK for 1992
Authors: Mayer Colin
Published: November 2023

The 1986 Financial Service Act (FSA) introduced for the first time a comprehensive system of regulating financial services in the UK. With it came a plethora of rules relating to the activities of investment businesses that distinguishes financial services from most other sectors of the British economy. One justification that may be sought for the regulation of this, but not other sectors of the economy, is that investors are at greater risk than consumers of other products. In fact, according to Franks and Mayer (1989), the losses that clients of investment management firms have suffered on account of financial failure appear to be small, probably well below those in other industries, such as the building industry where entry and exit of firms is commonplace. Why then has an extensive system of regulation been imposed on investment managers but not builders?
Law and Regulation: Current Issues and Future Directions
Authors: Mceldowney John
Published: November 2023

Privatization of the major nationalized industries has created a number of new regulatory agencies and a fresh legal framework to oversee the development of the newly formed Company Act companies post¬privatization. A wide range of statutory powers, contracts, licences, and conditions provide the main legal mechanisms which govern the relationship between regulator, the company, and the consumer. Largely discretionary, but also of great importance to the future of each industry is the role of the relevant Secretary of State and the complex legal powers which are devoted to the relationship between the regulator and the Secretary of State. Future directions for the newly privatized industries may be determined by the political policies which the Secretary of State may pursue and this may prove more controversial than at first appreciated during the early privatization debate.
International Trade: Liberalization
Authors: Bell Clive
Published: November 2023

The path away from protectionism toward an open trading regime has turned out to be a rocky one, and those travelling it have experienced many a setback along the way. Just how tortuous is revealed by Little et al.”s (1993) wide-ranging study of eighteen LDCs over the period between 1965 and 1990.
Taxation
Authors: Bell Clive
Published: November 2023

Even the so-called “minimalist” state, whose only function is to defend the realm against foreign foes and maintain internal order and property rights, needs revenue, though in relatively modest measure. The “developmental” state, in contrast, has requirements for funds of wholly different order. For in addition to ensuring law and order, it is supposed to provide the people with education, health, and at least some form of collective insurance against natural disasters.
Tax Reform
Authors: Bell Clive
Published: November 2023

An important implicit assumption in much of the literature on optimum taxation is that the government can proceed to design tax structures without paying heed to those already in existence. It is rarely the case, however, that governments enjoy the advantage of starting anew with a clean slate. For the system of taxation reflects a society”s political, social, and administrative history, as well as the constellation of influences and interests that vie with one another in the present. Some would argue, there fore, that the value of the results in that literature may lie more in their influence on how we think about the issues of taxation rather than in their provision of an apparatus to calculate optima.
An Introduction to Social Cost-Benefit Analysis
Authors: Bell Clive
Published: November 2023

Planning of the all-encompassing sort that found expression in the formulation-albeit to a far lesser extent in the execution-of five-year plans has fallen into dis favour. It remains the case, however, that governments continue to spend a very substantial fraction of GNP, and it can hardly be otherwise in the future if they are to discharge their functions.
Shadow Prices
Authors: Bell Clive
Published: November 2023

Having prepared the ground with an intuitive account in Chapter 8, we now embark on the task of deriving shadow prices in a rigorous way. The main emphasis here is on capturing the general equilibrium effects that ensue from changes in public production and consumption, and on the relationship between shadow prices and economic policy, though some aspects of income distribution will also be treated as an integral part of the analysis.
Time: The Social Discount Rate
Authors: Bell Clive
Published: November 2023

The approach adopted in Chapter 9 is quite general, but in the interests of keeping matters comparatively simple, it was developed in detail in a static setting. A project”s life usually stretches over many years, however, so that two problems must be dealt with. First, some way must be found to aggregate costs and benefits arising at different points in time. We noted in Chapter 8 that the private firm should do this by discounting future costs and returns at an appropriate rate, which may vary from period to period.
Land Reform and Tenancy
Authors: Bell Clive
Published: November 2023

In the middle of the twentieth century, the great majority of less developed countries (LDCs) were agrarian economies by any reasonable definition of the term, with agriculture accounting for 40-70 per cent of gross national product and 50-80 per cent of total employment. Something of a structural shift has taken place since then-in those that have grown fairly rapidly, as a matter of course.
Small-Scale Credit
Authors: Bell Clive
Published: November 2023

The campaign to raise agricultural productivity and alleviate rural poverty through land reform in the broad sense has often been accompanied-or succeeded-by attempts to remake the financial system in such a way as to serve the same ends. In practice, the latter interventions have generally been much more ambitious in scope and scale, but not necessarily more successful.
Expected Stock Returns and Volatility
Authors: French Kenneth R , Schwert, G William , Stambaugh Robert F
Published: November 2023

This paper examines the relation between stock returns and stock market volatility. We find evidence that the expected market-risk premium (the expected return on a stock portfolio minus the Treasury-bill yield) is positively related to the predictable volatility of stock returns. There is also evidence that unexpected stock market returns are negatively related to the unexpected change in the volatility of stock returns. This negative relation provides indirect evidence of a positive relation between expected risk premiums and volatility. Many studies document cross-sectional relations between risk and expected returns on common stocks. These studies generally measure a stock’s risk as the covariance between its return and one or more variables. For example, the expected return on a stock is found to be related to covariances between its return and (i) the return on a market portfolio (Black, Jensen, and Scholes (1972), Fama and MacBeth (1973)), (ii) factors extracted from a multivariate time-series of returns (Roll and Ross (1980)), (iii) macro economic variables, such as industrial production and changes in interest rates (Chen, Roll, and Ross (1986)), and (iv) aggregate consumption (Breeden, Gibbons, and Litzenberger (1986)).
Non Contractual Relation in Business: A Preliminary Study
Authors: Macaulay Stewart
Published: November 2023

What good is contract law? who uses it? when and how? Complete answers would require an investigation of almost every type of transaction between individuals and organizations. In this report, research has been confined to exchanges between businesses, and primarily to manufacturers. Further more, this report will be limited to a presentation of the findings concerning when contract is and is not used and to a tentative explanation of these findings.

This research is only the first phase in a scientific study. The primary research technique involved interviewing 68 businessmen and lawyers representing 43 companies and six law firms. The interviews ranged from a 30- minute brush-off where not all questions could be asked of a busy and uninterested sales manager to a six-hour discussion with the general counsel of a large corporation.
Introduction
Authors: Macho-Stadler Ines , Perez-Castrillo J David , Watt Richard
Published: November 2023

The economics of information is centred on a fundamental aspect of contractual relationships: the effect on the contractual format when one party has, or will have, an informational advantage over the other. Aside from this characteristic, the only interesting cases are when the participants have opposing objectives. In all our models, one of the participants, the principal, has all the bargaining power.
Signalling
Authors: Macho-Stadler Ines , Perez-Castrillo J David , Watt Richard
Published: November 2023

In many contractual relationships, one of the parties has more information than the other as to some relevant variables. When it is beneficial to do so, the informed party will try to signal the information to the other partyvia some action or decision. In this chapter we study, on the one hand, the possibility that the participants signal their characteristic through actions previous to the contractual relationship. On the other hand,we study the value of the very contract as a means of indirect transmission of in formation when the principal has information that she would like the agent to know.
Asset Stock Accumulation and Sustainability of Competitive Advantage
Authors: Dierickx Ingemar , Cool Karel
Published: November 2023

Recently, a number of scholars have expressed the concern that much of the strategy literature focuses too narrowly on privileged product market positions as a basis for competitive advantage and above-normal returns (e.g., Gabel 1984; Wernerfelt 1984; Barney 1986). The fact that resource bundles need to be deployed to achieve or protect such privileged product market positions is often overlooked.
Correspondents ‘ Images of Martin Luther King, Jr: An Interpretive Theory of Movement Leadership
Authors: Lilley Stephen J , Platt Gerald M
Published: November 2023

This is a study of the images imparted to Martin Luther King, Jr., during the period 1956 to 1961. These portrayals of King are derived from correspondence sent from people who were more and less active in the movement. Although we focus upon the images these people accorded Dr King, this is also a theoretical essay. We will use correspondents ‘ perspectives to illustrate how participants construct their conceptions of leadership.
Understanding borderline personality disorder
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

It is important that diagnosis is only one part of understanding your unique personhood. A diagnosis alone is not enough for understanding yourself and provides insufficient information to guide treatment effectively. If you meet the criteria for BPD, you are likely to have had a very difficult life.
What causes borderline personality disorder?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

Most international experts are in agreement that biological and psychological factors can contribute to the development of the condition and that there is often interplay between these biological and psychological factors. Socio-cultural factors may interact with biological and psychological protective and risk factors, increasing or decreasing the likelihood of BPD developing. The pathway to developing the disorder will be unique for you, with different predisposing or protecting factors from biological, psychological, and socio-cultural sources. Whatever the causes in your unique situation, treatment effectiveness requires both you and your treating clinician/s being very active in your treatment.
Psychological treatments
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

Cognitive-behavioural therapy refers to therapies that focus on cognitions (thinking) and behaviours. Dialectical behaviour therapy is a cognitive-behavioural therapy especially well suited for treating people with BPD. Standard dialectical behaviour therapy involves individual therapy, telephone calls, and skills training. STEPPS teaches structured cognitive-behavioural skills as a valueadded programme to existing treatment. Key professionals, family, and friends learn to reinforce effective skills taught, providing a reinforcing community. Schema-focused therapy has cognitive therapy at its core. Four dominant shifting dimensions of the client are identified, each having an associated structured treatment strategy. Cognitive analytical therapy is derived from a combination of cognitive therapy and psychoanalytical* therapy and is generally a brief therapy of 16–40 sessions. Mentalizing* refers to the capacity to know and experience the psychological world of ourselves/others seeking to understand/know mental states underlying behaviour.
Choosing a therapist(where such achoice exists)
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

Choosing a therapist is one of the most important things you will do on your recovery journey. The factor we think that you should give greatest priority to in selecting a therapist is therapeutic competence in working with people with BPD. Consider preparing for your first face-to-face meeting by writing down or highlighting the key points you want to know.
Developing a therapy agreement
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

It makes sense that you and your therapist explore and probably write down what the goals of therapy are. With an agreement, you know where you stand. An agreement can help you be clear about your role in your recovery and encourage you to be the author of your recovery. Successful therapy is about a genuine deeply collaborative relationship between two experts—expert professional and the person-in-recovery as expert about themselves.
Treatment goals and treatment plan
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

Because BPD affects every individual in a different way, everyone’s goals are different. We encourage goals to be broken down into and named as specific behaviours that will be engaged in. None of us has a life that is filled with only happy moments—this is not a realistic goal. What is realistic is to be able to get to a place where we look forward with anticipation to enough future events or where we go to bed at night with a sense of ‘today was OK’, ‘better than OK’, and occasionally ‘wonderful’. Your treatment plan is an agreed upon plan for recovery that clarifies both your treatment goals and treatment pathways, and steps towards achieving these goals.
Power struggles and beyond
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

Both you and your therapist have responsibilities to contribute towards collaboration, thereby reducing the risk of power struggles. When two people have differing views about important matters, it is inevitable that conflict will arise. By expecting and discussing difference you can move through and beyond power struggles to a successful effective therapy.
Medication
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

Medication is a complex and difficult area, both for the person with BPD and for the prescribing clinician. You and your clinicians need to discuss medication options, including weighing up possible benefits against possible side-effects. Take your medication as prescribed and definitely do not overdose on the medications. Take charge of this part of your treatment as much as any other part.
Hospitalization
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

In this chapter we are not referring to residential therapy. Hospital can be an appropriate place of refuge, safety, and occasionally treatment, provided it is used in the right way and at appropriate times. You may or may not have had a choice over coming to hospital, but you do have choices over your behaviours and how you interact with the staff, and what the plan is from here. Work with staff to develop a plan. It is common for people to feel anxious or nervous about leaving the hospital environment. Survival may happen in hospital but recovery happens in the community.
Is it what we do that makes a difference?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

The challenge for all of us is to behave skilfully and effectively even when we are feeling distressed. For many of us changing our behaviour in the short term can have the effect of improving our distress and changing our emotions for the better. To feel better in the long term we also need to put in place behaviours that will increase the likelihood of us achieving our long-term goals. What will be of relevance to one person might not be of relevance to another. As human beings we are motivated to fill our lives with activities that we experience as rewarding. Rewarding activities might be pleasurable, purposeful, or meaningful. It is important that we maintain or develop lives of relevance despite our distress as lives of relevance can build the structures that will decrease our distress long term.
Is it what we think that makes a difference?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

There is hope—we can rewrite the self-talk script. A thought is just a thought. That is, it is not necessarily a fact. It may be a fact, but it may not be a fact. Ineffective self-talk does not belong in your future—and it may well have not even been accurate in the past.
Is it what we do with impulsive urges that makes a difference?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

The good news is that things don’t just happen ‘out of the blue’. By using methods to increase awareness, we can break situations down into miniscule parts and develop skills to control our impulses. Slow and steady is the way to practise controlling impulsive behaviours.
Is it how we create pleasure that makes a difference?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

While it makes obvious sense that having pleasure can be extremely helpful towards recovery, this is not always easy to do.

You might need to try many activities, some of them a few times, before you discover those that give you pleasure. In this way you can build a collection of suitable activities. While it makes obvious sense that having pleasure can be extremely helpful towards recovery, this is not always easy to do. The following is a list of reasons why having pleasure can be difficult to achieve:
Is it how we deal with ‘flashbacks’ that makes a difference?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

Flashbacks refer to distressing intrusive experiences that may be thoughts, emotions, or perceptions (sounds, visions, smells, tastes, or body sensations) that are the same or similar to past unpleasant or traumatic experiences. The experiences may quickly ‘flash us back’ (flashback) to the past, so to speak.
Is it how we deal with crises that makes a difference?
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

It is critical that you do whatever you can to keep yourself safe.

When a crisis occurs you will obviously try your best to put in place any or all of your learning from your therapy and from having read this book.

For distracting activities to be effective they need to be compelling enough to draw our attention to them and away from the problem.

BPD is a condition where crises exist whether we like it or not. Crises are a central part of the condition but do not have to be a central part of your life as you recover. Once you are beyond the worst of crises you will probably no longer have the condition called BPD.
Concluding comments to the reader
Authors: Krawitz Roy , Jackson Wendy
Published: November 2023

I was once considered a hopeless case and am now working, and leading an active social life. My journey of recovery has been like climbing a mountain. As I climbed higher, I discovered I was a strong, capable, and likeable woman. I have not reached all my goals yet but now mostly enjoy the journey I walk. I am now genuinely living a life with long-term goals and a vision for the future; something I didn’t have before and didn’t think was possible.
Introduction
Authors: James Michael
Published: November 2023

This book is intended to be a practical guide to the problems that arise when litigation has a foreign element. It seeks to answer questions most commercial litigators face from time to time: Do the English courts have jurisdiction over a claim against a Dutch company? How should the claim form be served? Will the court apply English or Dutch law? There may be further issues such as whether the claim can be brought in a foreign currency, can security for costs be obtained against a foreign claimant, or can the assets of a foreign defendant be frozen. These questions assume that the litigation is taking place in the English courts. Their answers are a matter of English law.
Shipping
Authors: James Michael
Published: November 2023

Shipping is probably the most international of all litigation areas handled by English lawyers. Many cases involve wholly foreign events and parties (except for the insurers who are often based in London) but are dealt with in England because they are subject to English law, jurisdiction, or arbitration. Such choices in turn reflect the expertise available in England for resolving maritime disputes, a product of its maritime history. It follows that the problems discussed earlier in this book—establishing jurisdiction over a foreign defendant, which system of law applies, obtaining security, etc—are particularly acute for shipping lawyers. In many cases, the solutions to these problems will depend on the same principles as apply to other commercial cases with a foreign aspect.
Model Articles Of Association For Companies
Authors: French Derek
Published: November 2023

This handy new book provides a reference collection of all the texts of default articles of association which have applied to companies registered since 1856. As such it offers a reference source for lawyers giving advice to private companies on the text of the articles of association relevant the point of formation of the company. There are currently seven main sets of default articles, dating from 1856, 1862, 1906, 1908, 1929, 1948 and 1985. The 1948 and 1985 sets have been repeatedly amended. This collection of default articles will also include any new default articles under the proposed Companies Act due to follow by Regulation in 2007. Derek French's commentary provides a summary of the law and articles of association including any changes made by the Companies Act. Each provision of each set of articles is followed by a note giving the equivalent provision in the preceding and succeeding texts so that historical development can be traced.
1929 Tables A and B
Authors: French Derek
Published: November 2023

1929 Table A provides the default articles of association for a company limited by shares2 registered in England and Wales or Scotland from 1 November 19293 to 30 June 1948.4 In addition, all or any of the regulations contained in 1929 Table A could be adopted in the articles of association of any company registered in England and Wales or Scotland from 1 November 1929 to 30 June 1948.5 A model form of memorandum for a company limited by shares registered in England and Wales or Scotland from 1 November 1929 to 30 June 1948 was set out in the Companies Act 1929, sch 1, Table B.6 From 1 November 1929 to 30 June 1948, on the registration of an existing nonCompanies Acts company under the Companies Act 1929, part 9 (ss 321–336), as a company limited by shares, its existing constitution was treated as its memorandum and articles of association, and 1929 Table A did not apply unless adopted by special resolution.7 From 1 November 1929 to 30 June 1948, the re-registration of a company under the Companies Act 1929, s 16(1), as a company limited by shares, took place in the same manner and had the same effect as if it were the first registration of the company,8 and so 1929 Table A would be the default articles of association.9 In order to be a private company as defined in the Companies Act 1929, s 26, a company’s articles were required:10
1985 Tables A, B and F
Authors: French Derek
Published: November 2023

1985 Table A provides the default articles of association for a company limited by shares2 registered from 1 July 19853 to 2 October 2009.4 The provisions of the Companies Act 2006 relating to registration of new companies come into force on 1 October 2009,5 but it is proposed that no companies will be registered under the 2006 Act until the following Monday, 5 October.6 Processing of applications for registration received before 1 October 2009 may continue on or after that day under the Companies Act 1985.7 A company which is registered on or after 1 October 2009 on an application received before that date is called a ‘transitional company’.8 1985 Table A will be the default articles of association of a transitional company which is a company limited by shares.9 It is expected that registration of transitional companies will be completed on or before 2 October 2009.10 All or any of the regulations contained in 1985 Table A can be adopted in the articles of association of any company registered from 1 July 1985 to 2 October 2009.11
2008 Model Articles for Public Companies
Authors: French Derek
Published: November 2023

In addition, all or any of the regulations contained in 2008 plc can be adopted in the articles of association of any company registered on or after 5 October 2009.3 On or after 5 October 2009, on the registration under the Companies Act 2006, s 1040, of an existing non-Companies Acts company as a public company, its existing constitution is treated as its articles of association,4 and 2008 plc does not apply unless adopted by special resolution.5 On or after 5 October 2009, for re-registration as a public company limited by shares, of a private company under the Companies Act 2006, s 90, the company must make such changes in its articles as are necessary in connection with its becoming a public company,6 and, if it is an unlimited company, such changes as are necessary in connection with its becoming a company limited by shares.7 Those changes take effect on the issue of a certificate of incorporation on re-registration.8
1948 Table C
Authors: French Derek
Published: November 2023

In addition, the articles of association of any company registered from 1 July 1948 to 30 June 1985 could adopt all or any of the regulations contained in 1948 Table A, Part 1, or, from 1 July 1948 to 21 December 1980, 1948 Table A, Part 2.5 A company registered in England and Wales or Scotland as a company limited by guarantee without a share capital must be a private company, because only a limited company with a share capital can be a public company.6 On the registration of an existing non-Companies Acts company under the Companies Act 1948, part 8 (ss 382–397), from 1 July 1948 to 30 June 1985, as a company limited by guarantee without a share capital, its existing constitution was treated as its memorandum and articles of association,7 subject to the statutory requirement of being in accordance with 1948 Table C or as near thereto as circumstances admitted.8
1862 Form C
Authors: French Derek
Published: November 2023

1862 Form C provides the model memorandum and articles of association for a company limited by guarantee with a share capital2 registered from 2 November 18623 to 31 March 1909.4 In addition, all or any of the regulations contained in 1862 Table A could be adopted in the articles of association of any company registered from 2 November 1862 to 30 September 1906, and all or any of the regulations contained in 1906 Table A could be adopted in the articles of association of any company registered from 1 October 1906 to 31 March 1909.5 From 2 November 1862 to 31 March 1909, on the registration of an existing non-Companies Acts company under the Companies Act 1862, part 7 (ss 179–198), as a company limited by guarantee with a share capital, its existing constitution was treated as its memorandum and articles of association,6 subject to the statutory requirement of being in accordance with 1862 Form C or as near thereto as circumstances admitted.7
1985 Table D
Authors: French Derek
Published: November 2023

Has not been possible for a company to be formed as, or become, a company limited by guarantee with a share capital.4 It seems that 1985 Table D functions as a model only on the registration or re-registration of an existing company limited by guarantee with a share capital, or as a model which an existing registered company must adhere to when amending its constitution. 1985 Table D, Part 1, provides a model form of memorandum for a public company limited by guarantee with a share capital and 1985 Table D, Part 2, provides a model for a private company limited by guarantee with a share capital.5 The provisions of the Companies Act 2006 relating to registration and re-registration of existing companies come into force on 1 October 2009,6 but it is proposed that no companies will be registered or re-registered under the 2006 Act until the following Monday, 5 October.7 Processing of applications for registration or reregistration received before 1 October 2009 may continue on or after that day under the Companies Act 1985.8 It is expected that such re-registrations will be completed on or before 2 October 2009.9
1862 Form D
Authors: French Derek
Published: November 2023

1862 Form D provides the model memorandum and articles of association for an unlimited company with a share capital2 registered from 2 November 18623 to 31 March 1909.4 In addition, all or any of the regulations contained in 1862 Table A could be adopted in the articles of association of any company registered from 2 November 1862 to 30 September 1906, and all or any of the regulations contained in 1906 Table A could be adopted in the articles of association of any company registered from 1 October 1906 to 31 March 1909.5 From 2 November 1862 to 31 March 1909, on the registration of an existing non-Companies Acts company under the Companies Act 1862, part 7 (ss 179– 198), as an unlimited company with a share capital, its existing constitution was treated as its memorandum and articles of association,6 subject to the statutory requirement of being in accordance with 1862 Form D or as near thereto as circumstances admitted.7