bluuebunny/crossref_metadata_2025 huggingface dataset:
The Future of European Police Co-operation
Authors: Anderson Malcolm , Boer Monica Den , Cullen Peter , Gilmore William , Raab Charles , Walker Neil
Published: November 2023

In this conclusion, we set out briefly the developments which we consider desirable if a more effective and legitimate system of policing the EU is to be achieved, and indicate some of the main factors which may facilitate or impede enhanced co-operation. A favourable political context, the commitment of political elites, and some criminal justice harmonization, approximation or mutual recognition are required in order for progress to be made towards the development of operational police powers at the European level, a common approach to international crime within European public policy, the improvement of the practice of co-operation, and enhanced systems of police accountability. Prospects in some of these areas are not good and there are potential pitfalls, even dangers, along the road to more integrated law enforcement arrangements. It is therefore possible to take a sceptical view and regard improved police co-operation as a low priority and even an undesirable objective.
Taking Office
Authors: Brazier Rodney
Published: November 2023

There is often speculation at Westminster, in Whitehall, and in the media before Government changes take place, but the first reliable information which the general public will receive about a politician’s appointment to a ministerial office will be a news announcement through the broadcast or print media. Rumours of a Government reshuffle can be in political and public consciousness for weeks (and sometimes longer), and even when the drama is sharpened by a general election followed by a change of government the filling of the last ministerial office after polling day can take several days. The uncertainty for aspiring MPs and peers will end only either when they hear authoritatively that they are to go to a particular ministerial post, or when it is dear that all vacancies have been filled without them. The constitutional question in all this is how, and at what moment, a person’s appointment to the Government takes effect in law. This Chapter answers that question.
Scope of The Analysis and Fundamental Issues of Secured Transactions Law
Authors: Röver Jan-Hendrik
Published: November 2023

This introduction to central and eastern European secured transactions laws is based on a comparative overview. It will contrast central and eastern European laws with four western reference systems of secured transactions law: (1) the law of England and Wales; (2) US law; (3) German law; and (4) the EBRD Model Law on Secured Transactions and the EBRD Core Principles for a Secured Transactions Law. As far as the central and eastern European laws are concerned, the secured transactions laws of the seven Member States of the EBRD will be covered, namely the laws of Bulgaria, the Czech Republic, Hungary, Poland, Romania, the Russian Federation, and the Slovak Republic.
Self-Determination in Modern International Law: The Practice of States
Authors: Musgrave Thomas D
Published: November 2023

Since the Second World War the principle of self-determination has been transformed from an essentially political concept into an important element of international law. However, the exact parameters of the legal right of self-determination remain unclear. The post-war international instruments which invoke the ‘right to self-determination’ do not define that term in any detail. Given this absence of precise guidelines in the international instruments, and also given the existence of widely differing theories of self determination in the political context, the practice of states has become an important means of ascertaining the scope of self-determination at international law. This Chapter therefore examines state practice with regard to self-determination.
Tracing Rules I: Clean Substitutions
Authors: Smith Lionel D
Published: November 2023

In this chapter, the goal is to examine tracing in the simplest context: essentially, the case of a simple swap of one asset for another. This will lay the foundations for the analysis of more complicated cases in the succeeding chapters.
Tracing Rules II: Mixed Substitutions
Authors: Smith Lionel D
Published: November 2023

The last chapter considered the possibility of tracing through a clean substitution, where the new asset was acquired solely with the value being traced. In this chapter, the exercise is widened to consider substitutions in which the value being traced contributed only part of the value used to acquire an asset. This possibility complicates the tracing exercise to some extent, and requires the analysis of a number of different issues. The first section echoes its counterpart in the last chapter. There, an attempt was made to outline the characteristics of a clean substitution to provide a framework for the analysis which followed. Here, that frame work will be altered as necessary to take account of mixed substitutions. The first section goes on to consider a supposed limitation on the common law’s ability to trace. It is often said that the common law cannot trace through a ‘mixed fund’.
Private Parties and Judicial Review of Community Action
Authors: Albors-Llorens Albertina
Published: November 2023

After several failed attempts by the European States to achieve some form of unity following the end of the Second World War, the signing of the Treaty of Paris in 1951 laid the foundation stone of a European Community. This Treaty established the European Coal and Steel Community,1 which sought a form of sectorial integration by the pooling of French and German coal and steel resources and those of any other countries wishing to participate. The idea was endorsed with enthusiasm by other European States, and a few years later, further developments took place with the signing of the Treaty of Rome, which established the European Atomic Energy Community,2 again seeking sectorial integration, and the European Economic Community,3 which had the more far-reaching aim of general economic integration.
The Legacy of History on German Contract Law
Authors: Dannemann Gerhard , Markesinis Basil
Published: November 2023

Professor Goode’s career is not, generally, seen as one primarily dedicated to the study of foreign and comparative law. Yet he has, arguably, done more than many ‘professional’ comparatists to encourage the study of this branch of the law. Thus, his Centre for Commercial Law Studies at Queen Mary and Westfield College, London, was always keen to make use of foreign material and to foster greater co operation between European, American, and Commonwealth lawyers; and his contribution in setting up the Oxford Centre for the Advanced Study of European and Comparative Law, though not yet recorded in public, was crucial.
Interest on Money Awards in International Arbitration
Authors: Lew Julian D M
Published: November 2023

One of the most common factors in arbitration is the request by one or both parties for interest to be added to the amount of their claims. This exists regardless of the nature or character of the arbitration: whether institutional or ad hoc, wherever the siege or seat of the arbitration, and whatever the subject matter. If money is claimed, whether because of non-payment or compensation for breach or contract or defective performance, interest is sought to be added, and arbitrators invariably accept and add an amount of interest to the substantive amount awarded. Increasingly, in recent years, the amounts involved in international arbitrations are extremely high. International transactions now involve enormous amounts, and are major sources of national state income, i.e., invisible exports. These transactions include not only the purchase and sale of goods, and shipping and carriage of goods by air, sea, and land, but financing, joint ventures, investments, construction contracts, the purchase or licensing of intellectual property, turn-key contracts, etc.
‘Déjà Vu All Over Again’? An American Reaction to the Woolf Report
Authors: Marcus Richard L
Published: November 2023

Lord Woolf’s Interim Report is a remarkable accomplishment. Appearing some fifteen months after his appointment, it examines the whole of the English civil justice apparatus and makes a detailed proposal for a ‘funda mental shift in the responsibility for the management of civil litigation,’ for which the basic tool is to be case management. His proposed revolution in judicial operation would seek to alter the adversary culture of the UK as well. To those ends, the Report proposes what appears to be a quite substantial restructuring of the English court system. Overall it is both highly creative and extremely thought-provoking.
Too Much Lawyering, Too Little Law
Authors: Issacharoff Samuel
Published: November 2023

Sometimes it appears, Tolstoy to the contrary, that unhappy families are indeed alike. From the vantage point of an American academic lawyer, what is most striking in first reading the admirable Report produced by Lord Woolf is its uncanny familiarity. Despite contact with the British civil justice system that is best described as episodic and anecdotal, I am nonetheless struck by the ready comprehensibility of the Report’s depiction of the malaise of a common law system afflicted by an escalation of legal costs and a growing sense that justice is inaccessible to the bulk of the population.
Limiting Costs for Better Access to Justice: The German Approach
Authors: Leipold Dieter
Published: November 2023

The Woolf Report is, form a German point of view, very impressive and interesting. Generally German lawyers and scholars of jurisprudence admire the English System of Courts and Justice. One reason is. the great English tradition, the other the observation that the number of judges, com pared with the population, is so much lower than in Germany. The German system of civil procedure is not regarded to be ideal in any way. On the contrary there is a permanent effort to reform and improve the German civil procedure. To shorten up and to simplify the procedure have been the main aims of such reforms. At present the greatest problem is the increasing number of civil (and other) lawsuits in Germany.
Regulating the Market for Civil Justice
Authors: Gravelle Hugh
Published: November 2023

Access to Justice is the latest in a long line of reports and investigations prompted by concerns about the cost, complexity and delay in the civil justice process. The purpose of this chapter is to provide a non-technical economic analysis of the market for civil justice and to show that its peculiarities have significant implications for policy.

I need first to remove a possible barrier to understanding. In what follows I will use ‘justice’ as a handy portmanteau term for the services pro vided to individuals seeking to establish, define and enforce what they believe to be their civil legal rights.
Litigation and Settlement
Authors: Roberts Simon
Published: November 2023

Over generations a particular culture of disputing has grown up in England, with parties resorting early, almost as a matter of course, to lawyers. So a single professional group has come to secure a virtual monopoly of control over dispute processes, managing them in accordance with their norms and understandings. At the same time, they have successfully projected a privileged association between their professional activities and the potent abstract conception of ‘justice’. All this places formidable difficulties in the way of effective external criticism of ‘the public justice system’, and makes it seem normal and right for a fundamental review of the system to be con ducted by a distinguished insider like Lord Woolf.
The Free Movement of Goods
Authors: Ziegler Andreas R
Published: November 2023

The free movement of goods, one of the four freedoms of the Treaty, covers the trade in goods between the Member States. Apart from a few explicitly exempted goods or products, the general principles of Articles 9 to 37 protect the import, export, and transit of all goods even if they are ecologically dangerous. In principle waste products are considered to be ‘goods’ in the sense of the Treaty, but their special characteristics may allow additional restrictions under Articles 30 to 36.
Fair and Undistorted Competition and the Environment
Authors: Ziegler Andreas R
Published: November 2023

Beside the four freedoms and the approximation of laws, the Community’s system ensuring fair and undistorted competition is a main pillar of the common market. The principles of Aricles 85–90 primarily concern the distorting behaviour of private undertaking, but they apply by implication to Member States taking action to support, facilitate, or allow sch private behaviour.

Agreements between undertakings and public authorities for the voluntary reduction of certain environmentally harmful behaviour or the co-ordination of environmental issues have become increasingly important in contemporary environmental policy. Nevertheless, such agreements defy, in principle, the prohibition contained in Article 85.
The General Approximation Of Laws
Authors: Ziegler Andreas R
Published: November 2023

The main legal basis for the harmonization of national rules which hinder the establishment and the functioning of the common market was, until 1987, Article 100 EC. In the field of the environment the Community sometimes used additionally Article 235. In harmonized fields Member States kept regulatory power only if a Community measure provided for specific safeguard clauses or did not completely cover an area. In the absence of Community measures the Member States were, however, responsible for the adoption of environmental measures. These had to be compatible with the other Treaty obligations and the procedural information duties in drafting had to be observed hy the Member States.
Integration of the Common Market and the Environment
Authors: Ziegler Andreas R
Published: November 2023

The establishment of a common market and the elimination of national borders for the exchange of goods has been one of the pillars of the European Community since its inception. However, the protection of the environment was given little attention during the first period of European integration. Nevertheless, since the early 1970s and particularly since the coming into force of the Single European Act the Community has been entrusted with the effective protection of the environment.
Marriage
Authors: Bursell Rupert D H
Published: November 2023

In all matters pertaining to the publication of banns of marriage and to the solemnisation of matrimony every minister must observe the law relating thereto, including in so far as is applicable the rules prescribed by the rubric prefixed to the Office of Solemnisation of Matrimony in the Book of Common Prayer. Indeed, the law relating to matrimony is particularly important as a marriage alters the legal status of those involved; it is for this reason that the only matter to which any of the rubrics in the Book of Common Prayer relate and in respect of which the General Synod cannot make provision by Canon or regulation is the publication of banns of matrimony.
Ordination and Consecration
Authors: Bursell Rupert D H
Published: November 2023

Ordination to the office of priest or deacon must take place on the Sunday immediately after the Ember Weeks; alternatively, it must take place on St Peter’s Day, Michaelmas Day or St Thomas’s Day, or upon a day within the week immediately following those days, or upon such other days, being a Sun day, a Holy Day or one of the Ember Days, as the diocesan bishop on urgent occasion shall appoint

The ordination must be in the cathedral church of the diocese or in another church or chapel at the discretion of the bishop Any form of Holy Communion which is authorised by Canon B l may be used.
Good Order
Authors: Bursell Rupert D H
Published: November 2023

As has already been seen, there is a general duty under the canon law to ensure that all divine worship is reverent and seemly. More particularly, a minister must endeavour in every service ‘to ensure that the worship offered glorifies God.’ Moreover, Canon B 20, para. 3, reflects the general canon law when it, too, states that it is the minister’s duty ‘to banish all irreverence’ in the performance of any music.

In keeping good order in the church and, to a lesser extent, the churchyard the minister is given the assistance of certain members of the laity but he can never slough off his own responsibilities. For example, if he were to become aware that bawdy words were being sung to the tune of a hymn, or if drunken or rowdy behaviour were interrupting a service, the minister ought to stop the service until good order has been restored.
The Emergence of Violent Racism as a Public Issue
Authors: Bowling Benjamin
Published: November 2023

Accepted wisdom about violent racism is that after a period of relatively successful integration of large numbers of black and brown people arriving in Britain from the former Empire, there was a sudden flare-up of violence between whites and ‘ non-whites’ in the second part of the twentieth century. Identifying exactly when it became an issue of public concern—occurred for the first time, say—is not easy, though dates including 1958 and 1981 have often been suggested.
Racism and Victimization
Authors: Bowling Benjamin
Published: November 2023

Violence is like the ‘ white noise’ of society. The incessant and myriad attempts to express an emotion, communicate a desire, or exert power over others may seem to the casual viewer like the hiss and crackle of a badly tuned television set. It is possible to see how, superficially, violence might be considered random, inexplicable, and unfocused. Survey research, like a tuner, attempts to distinguish signal from noise. It records moments of human experience in both digital and narrative forms and through tabulation and cross tabulation seeks to reveal patterns of social action and interaction.
Current Assessment and Future Prospects
Authors: Evans Malcolm D , Morgan Rod
Published: November 2023

The purpose of this chapter is to draw together the issues that have been considered previously, to provide an evaluation of the ECPT and to present a number of suggestions based on this examination. The first section, recalling the questions raised by the overview of the history of torture presented in Chapters 1 and 2 and relating them to trends in contemporary European civil society, makes a general assessment of the need for the ECPT.
The Protector: New Wine in Old Bottles?
Authors: Waters Donovan w. M
Published: November 2023

Just a few years ago—Underhill and Hayton in its fourteenth edition in 1987 had nothing on the subject; it is that recent—those who had reason to see the documentation of offshore trusts noticed the appearance in those instruments of an individual named a protector. Some instruments referred to this person as an ‘adviser’, an ‘appointor’, or even a ‘guardian’, and in others a plurality of persons assumed this role as a ‘management committee’ or ‘the protector group’. But these latter descriptions were not usual in the early days; then it was the individual acting alone.
Some Trust Principles in the Pensions Context
Authors: Walker Sir Robert
Published: November 2023

The social and economic importance of occupational pension schemes has been apparent for many years but it is only in the course of the last ten years that pension schemes have come before the court in significant numbers. Recently, however, the court has begun to work out how far trust-law principles that were established and developed largely in the context of family trusts are appropriate, with or without modification, to pension schemes. This process is very far from complete: there are only four important decisions of the Court of Appeal, and none yet of the Lords. In this paper I want to look at two areas which have already produced a certain amount of authority: judicial review4 of decisions by pension-fund trustees (including disclosure of documents relevant to such decisions), and problems of conflict of duty and interest affecting trustees and other fiduciaries concerned with pension funds. But I will venture to begin with some very general and elementary points about pension schemes.
Where are We Going with Equitable Compensation?
Authors: Rickett* C E F
Published: November 2023

In the last decade or so, in Australia, Canada, and New Zealand in particular, equitable compensation has truly awoken from the slumbers it had been in since Nocton v. Lord Ashburton.’ It is now an important part of the remedial armoury available in the context of breaches of equitable obligations. However, its true nature, its potential reach, and the particularities of its scope are matters of confusion and dispute on which a good number of judges, practitioners, and academics have already put pen to paper.2 Some of those have also contributed to this book. I hope I will be forgiven for daring to add again to the literature. What I intend to argue is that the full dimensions of the equitable compensation remedy as it is awarded in any particular case must be defined through an articulation of the interplay between the nature of the breach of duty or wrong complained of, which forces us to consider the real substance of the plaintiff’s claimed interest, and the content of the compensatory remedy which would most appropriately provide for monetary satisfaction for the loss at issue.
A Comment
Authors: Finn Paul
Published: November 2023

This short paper is somewhat in the nature of a postscript to the fiduciary-related ones that have preceded it. While I will refer to some matters raised in them, my purpose is not to provide a commentary on those papers. For the most part I will merely touch on a number of trends and shifts in the common law of the countries represented in this collection and I will suggest how these have impacted on what I will misleadingly call ‘fiduciary law’.
Professional and Client: The Duty of Care
Authors: John L. Powell Q C
Published: November 2023

In the field of professional negligence, the duty of care owed by the professional to the client is central. Nevertheless it is argued in this paper that it has been accorded undue dominance. It does not always accurately summate the professional’s duty. There should be greater recognition that in certain circumstances a professional’s duty is to achieve a particular result. Further, it is unfortunate that in professional contexts tort has been accorded such primacy relative to contract so as narrowly to confine the circumstances in which a concurrent duty of care in tort is negated.
Professional Negligence in Tort: the search for a theory
Authors: Stanton K M
Published: November 2023

If we are to ask ourselves what are the pressing problems which confront professional negligence law in I995 we are likely to receive radically different answers from practitioners as opposed to academic lawyers. Practitioners will almost certainly single out the sorry state of the law on limitation of actions and complain that the Latent Damage Act 1986 failed to produce a regime which provided sufficient protection for the professional interest. They will continue to maintain the view that the application of standard principles of joint and several liability produces unacceptable results in relation to professional work. The auditing profession will argue that the Binder Hamlyn situation proves conclusively that the potential liabilities of the major practices are uninsurable and must be capped or controlled by some other mechanism such as incorporation.
The Negligent Professional: Liability for a Fair Share
Authors: Dugdale Tony
Published: November 2023

The legal issue of the 1970s and 80s was the extent of professional liability to third parties. Now that this has been controlled that of the 1990s threatens to be the extent of liability to the client. Particular problems arise in two different types of situation. First, where the client would not have entered a particular transaction had the professional given proper advice. Such a professional may be fully liable for all the losses suffered as a result of entering the transaction although a range of other factors may have influenced the client. The second situation is where the fault of the professional is subsidiary to that of another wrongdoer. The typical case is one where the client has retained a professional to provide protection from losses caused by the failings of others and such losses would not have occurred had the professional acted properly. The professional will be liable to the client for the full loss even though his fault may have been subsidiary in relation to that of the other wrongdoer. In both situations it is arguable that the negligent professional is being asked to bear an unfair share of the client’s losses when other factors or actors are as much a cause. This paper will examine the nature of the problem in the no-transaction and subsidiary fault cases and suggest that although professionals can help themselves through the use of clauses limiting liability, there is a case for the courts using the notion of fairness to limit the extent of liability in problem cases.
Jurisdictional Struggles within the State
Authors: Carruthers Bruce G , Halliday Terence C
Published: November 2023

Substantive statutory changes can disturb sovereignty over work by professionals. That conflict breaks out among professions in the market should not be a surprise, since the market itself is created on a competitive principle. It is not nearly so obvious that territorial conflicts over jurisdictional rights should flare up within the state itself. Yet the substance of stratification the unequal distributions of money, prestige, and power —is equally present within state institutions, though its weighting may lean more heavily to status and power than to money. Since a major statutory disturbance can also dislocate occupations within the state, it seems possible that the reform of bankruptcy laws will lead to disputes in many directions: territorial conflicts between different executive departments; conflicts over the locus of work in the judiciary or the executive; and, in either case, struggles over status and power as work, responsibilities, and rewards are shifted up or down administrative hierarchies.
The Rise of the Inter-American Human Rights Regime: No Longer a Unicorn, Not let an Ox
Authors: Farer Tom
Published: November 2023

If human rights regimes confirmed the dictum of the Modernist Movement in architecture-’Form follows Function’-then, anatomically speaking, the Inter-American one should resemble the European about as much as the unicorn resembles the ox. By associating the European regime with an ox, I intend not to insult but rather to celebrate its solid bourgeois virtues: the stolid, efficient application of energy and the consequently consistent production of effective decisions, all within the context of an orderly, stable and prosperous community. The post-war West European setting did not invite, neither did it require, unpredictable improvisation or heroic challenges to the expectations and desires of governing elites.
Communication Rules
Authors: Ericson Richard V , Haggerty Kevin D
Published: November 2023

One response to the paper burden is the elaboration of rules to rationalize and regulate it. Communication rules emanate from numerous sources, are embodied in various texts, and become embedded in particular institutional contexts of police action. The development and enforcement of rules pertaining to knowledge production leads to additional paperwork and in turn to more rules, in an amplifying spiral. The managerial response is always to administer more doses of the same, as rules are perpetually refined, revised, and elaborated in an effort to stem a tide of paper that never ebbs.
Administrative Review
Authors: Amerasinghe C F
Published: November 2023

General 32. The Tribunal sees no reason to depart in the present case from its established jurisprudence. However, the Tribunal’s acceptance of the validity and effects of these release agreements has been qualified in certain respects. The Tribunal has stated that such acceptance: Does not mean that the Applicant has agreed to forego all recourse to the administrative and judicial institutions created by the Bank … Such a commitment, despite its broad terms, does not amount to a deprivation or denial of administrative or judicial remedies because, as shown by the present case, both the Appeals Committee and this Tribunal are and remain available to staff members to consider the interpretation and validity of release provisions in the circumstances of each case.
Nature of Employment
Authors: Amerasinghe C F
Published: November 2023

Regular appointment i.32. In her appeal to the Appeals Committee and in her pleadings before the Tribunal, the Applicant claims that her position as a Space Planning Assistant, held by her from October 1987, was not regular and indefinite but was rather—like secretarial TAP positions-temporary and provisional. She asserts that her job status was thus ‘clouded’ and was in effect probationary only. She also asserts that the Respondent’s purpose in assigning her to such an impermanent position in Round 2 of the Reorganization was surreptitiously to deprive her of the right she otherwise would have had-had she been given no position and been thus rendered redundant–to substantial benefits in the form of the Enhanced Separation Package, or Package B. She claims that the same discriminatory purpose.
Transfer and Reassignment
Authors: Amerasinghe C F
Published: November 2023

Alternative post 56. The Respondent contends that the Bank only undertook to use best efforts to find the Applicant a position within the Bank and that ‘at no time did the Respondent obligate itself to force-place Applicant or to transfer him to a position from PAA to another complex in the Bank or to conduct an institution-wide search’.57. The issue before the Tribunal is, therefore, whether the Respondent made diligent and good faith efforts to locate a position for the Applicant at the end of his assignment with INU. In a letter dated March 8, 1993 to the VPPAA, the Applicant expressed his doubts as to the seriousness with which the Respondent was handling the search for a position as promised in the MAS agreement.
Procedure Before Tribunal
Authors: Amerasinghe C F
Published: November 2023

Oral proceedings Oral hearings. The Tribunal considers oral hearing unnecessary at the present stage of the proceedings.
Studies of Legal Needs and Legal Aid in a Market Context
Authors: Johnsen Jon
Published: November 2023

All Western countries use the market as the main mechanism for delivering professional legal services. Legal experts form the private profession-lawyers in private practice. However, the market also impacts on the formation and function of legal aid schemes in many ways.
Responding to New Demands: Legal Aid and Multi-Party Actions*
Authors: Fleming Don
Published: November 2023

Twenty years ago Cappelletti and Garth argued in the Access to Justice volumes that one of the challenges facing legal systems was to go beyond a focus on individuals. Mechanisms were required whereby groups as well as individuals could press their claims or defend their legal rights: otherwise, while equality before the law might be a reality for individuals, it would not be for groups (1978). First, mechanisms were needed to provide legal representation for groups, including indigenous peoples, victims of disasters and consumer groups affected by faulty products, to gain access to the courts. But group or ‘multi-party’ actions, as they came to be known, also faced problems being heard in court because procedural rules were usually designed for individual cases.
Legal Developments In Multimeadia
Authors: Enser* John
Published: November 2023

Multimedia remains somewhat of a Cinderella discipline in terms of the depth of binding legislative and judicial authority to which those aspiring to practise in this area of law might turn. In contrast, the bandwidth consumed by those voicing purportedly authoritative opinions on undecided aspects of the law continues to grow apace. The intent of this review is to identify the developments over the year just past in the former field-actual legislative developments, cases and legislative proposals dealing with matters which affect those working in the multimedia disciplines, and court decisions impacting upon that area, without straying too far into the area of speculative projection.
Legal Rules, Policies, and Police Practices
Authors: Hoyle Carolyn
Published: November 2023

Prior to the early 1970s, violence against women in the home was generally thought of as a private matter. Couples were left alone to solve their conflicts except in cases of very serious injury. The law was considered to be the last resort in the management of domestic violence, and arrest was only used occasionally as a temporary means of maintaining order. Today it is recognized that the divide between public and private violence is less distinct, and violence between intimates has become a more salient public policy issue than ever before.
In the Victim’s Interest?
Authors: Hoyle Carolyn
Published: November 2023

As the previous chapter showed, police and prosecutors do not think that it is in the victim’s interest to prosecute offences arising from domestic violence when the victim is opposed to this solution. Some feminist writers have disagreed with the practice of allowing a victim of domestic violence to withdraw a statement once it has been made and, thus, advocate that reluctant witnesses should be compelled to testify (Edwards 1989). The Victim Support Inter Agency Working Party on Domestic Violence (1992) similarly argued that the decision to proceed with a prosecution should not be the responsibility of women who report the crime as they may sometimes be pressurized by violence to withdraw.
On Second Thought: Constructing Knowledge, Law, Disability, and Inequality
Authors: Rioux Marcia H
Published: November 2023

People with disabilities provide us with a means to understand the way in which social life can be organized to be fair, to be just, to be human itarian, and to be equal. They provide us an opportunity to go beyond finding the roots of charity and to look instead for the roots of justice. Equality and non discrimination, which are the very basics of human rights law, can be brought into clear focus by reflecting on the place of people with disabilities in our societies.
The Advantages And Disadvantages Of Charitable Status
Authors: Luxton Peter , Hill Judith
Published: November 2023

The advantages of charitable status for those involved with charities are numerous 2.01 and important, although it is also possible to identify what might be perceived as drawbacks which flow from such status. Some factors might be considered to fall into either category, depending upon one’s point of view or the relevant circumstances. The cy-pres doctrine, for instance, might be considered as either advantageous (in that it can save property for charity that might otherwise go on a resulting trust) or as restrictive (in that it limits the ability of those running the charity to deal with the charity’s property as they think fit). Some of the factors to be borne in mind are considered in more detail, or from a particular aspect, in later chapters. It might be helpful to those concerned with setting up an institution, however, to consider together in this chapter the principal advantages and disadvantages of establishing it as a charity.
Charitable Purposes
Authors: Luxton Peter , Hill Judith
Published: November 2023

The term ‘charity’ is a term of art; but the definition of charity is not contained in 4.01 statute. The meaning of charity is to be found almost entirely in the case law, the sole exception being recreational charities, which may qualify as charitable if they satisfy the requirements of the Recreational Charities Act 1958.
Legal Proceedings
Authors: Luxton Peter , Hill Judith
Published: November 2023

The Attorney-General, representing the Crown and acting ex officio, may inter- 13.02 vene to protect a charity’s property if it has been, or there is a threat of its being, applied, in breach of trust for non-charitable purposes. In such matters, the Attorney-General may be considered to protect the public interest in ensuring that property is not lost to charity.
Dealings With Land
Authors: Luxton Peter , Hill Judith
Published: November 2023

Dealings with land by trustees of charities have been governed, since 1 January 17.01 1993, by provisions now contained in Part V of the Charities Act 1993. Those provisions, however, merely regulate acquisitions and disposals; they do not themselves confer a power on the trustees to acquire or to dispose of land. It is therefore important to consider first if the trustees of a charity have the power to acquire land for the charity or to dispose of charity land which they already hold.
Charitable Giving And Taxation
Authors: Luxton Peter , Hill Judith
Published: November 2023

This chapter examines the restnct10ns on giving to charity by individuals, 19.01 trustees, and companies, and examines the fiscal consequences of charitable giving. Value added tax is afforded separate treatment at the end of the chapter, since its application does not distinguish between individual and corporate donors.
Public Charitable Collections
Authors: Luxton Peter , Hill Judith
Published: November 2023

Part III of the Charities Act 1992, when brought into force, will repeal the legislation governing public charitable collections (that is, the House to House Collections Act 1939 and section 5 of the Police, Factories, etc (Miscellaneous Provisions) Act 1916) and replace it with a single unified regime applying to col lections made both in the street and from house to house. The date for bringing Part III into force has, however, been continually deferred, and, at the time of writing, no regulations to this end have been made. The delay appears to be due to concern about the detailed operation of the new regime, particularly its lack of flexibility.
Dissolution Of Charities
Authors: Luxton Peter , Hill Judith
Published: November 2023

This chapter considers the circumstances in which a charity can or must be dis-solved, and the process and consequences of dissolution. The expression ‘dissolution of charity’ is ambiguous in that it can mean either the dissolution of the institutional machinery by which property is devoted to charity, or the dissolution of the charity as an abstract conception independent of such machinery.
Regulating Workplace Safety: System And Sanctions
Authors: Gunningham Neil , Johnstone Richard
Published: November 2023

Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author’s empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance. This book argues for a two track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal and administrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introduced effective management systems.
Foundations Of Private Enforcement In The Community
Authors: Jones Clifford A
Published: November 2023

The noted seventeenth-century competition lawyer Thomas Hobbes is reported1 to have commented that ‘covenants without swords are but words’, thus becoming perhaps the earliest critic of the Treaty of Rome. Article 81 (2) (formerly 85) contains a ‘shield’ in the form of the automatic nullity provision, but the Treaty is noticeably lacking in express provision for the use of Articles 81 and 82 (formerly 85 and 86) as ‘swords’. The enforcement scheme of the EC Treaty envisages that the Commission shall ‘ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied’, that the Commission may bring Member States considered to be in default of Treaty obligations before the Court of Justice, and that a Member State may bring another Member State considered to be in default before the Court of Justice.
Uk Antitrust Claims As A Breach Of Statutory Duty
Authors: Jones Clifford A
Published: November 2023

The ECJ has said national remedies for protection of Community rights ‘cannot be less favourable than those relating to similar actions of a domestic nature’. This principle of national treatment has received little development in the case law compared to the principle of adequacy, but it has important implications for private Community antitrust litigation in the UK. As has been noted in Chapter 4, the domestic law of the UK until recently lacked competition rules equivalent in all respects to Articles 85 and 86, now 81 and 82, but maintained a control of abuse system for regulation of competition. Under the national treatment principle, national courts must allow remedies for infringement at least equivalent to comparable types of actions available in the UK.
Prudential Limitations On Private Actions
Authors: Jones Clifford A
Published: November 2023

The right to bring a private damages action in the USA is conferred explicitly by Section 4 of the Clayton Antitrust Act on ‘[a]ny person injured in his business or property by reason of anything forbidden in the antitrust laws ⃛ ‘. This simple language generates complex questions of law and policy in regard to who is entitled to seek compensation for injury. The nature of antitrust violations is such that they tend to inflict ‘direct injury on more that one party or category of parties’, and in addition, ‘[m]arket injuries have a way of rippling through the economy’.
Contribution, Reimbursement, And Unjust Enrichment
Authors: Mitchell Charles
Published: November 2023

In Westdeutsche Landesbank Girozentale v Islington LBC, Lord Woolf considered that ‘a personal right to contribution . . . between co-sureties . . . is . . . an application of an equitable approach to restitution’; in Grupo Torras SA v Al-Sabah (No 5), the Court of Appeal stated that ‘a claim for contribution . . . is restitutionary’; in Société Eram Shipping Co Ltd v Compagnie Internationale de Navigation, the same court held that a claimant which had been legally compelled to discharge a defendant’s debt would have a ‘restitutionary right of reimbursement’; in its report on Limitation of Actions, the Law Commission characterized a claim under the Civil Liability (Contribution) Act 1978 as a ‘claim for restitution’ on the ground of unjust enrichment.
Mapping The Law
Authors: Mitchell Charles
Published: November 2023

For historical reasons, the English law of contribution and reimbursement is currently fragmented into several parts. First, claims by those who have paid more than their share of a common liability for the same debt are governed by the rules of common law and equity. Secondly, claims by those who have paid more than their share of a common liability for the same damage are generally governed by the Civil Liability (Contribution) Act 1978. Thirdly, claims by carriers who have paid more than their share of a common liability for damage to cargo carried by road are governed by the Carriage of Goods by Road Act 1965.
Practice And Procedure
Authors: Mitchell Charles
Published: November 2023

The law of civil procedure has recently undergone a radical overhaul, with the introduction in April 1999 of the Civil Procedure Rules (‘CPR’) and their supplementary Practice Directions. Of particular importance in the present context are CPR Part 20, which is concerned both with counterclaims and with third party proceedings (as they were formerly known), and the Practice Direction accompanying CPR Part 20 (which is referred to here as ‘CPR PD 20’). CPR Part 20 and its accompanying Practice Direction are both reproduced in the Appendix.
Remedies
Authors: Mitchell Charles
Published: November 2023

The first type of order gives immediate effect to a claimant’s right to restitution of an unjust enrichment that a defendant gained at his expense when he discharged the defendant’s liability to the creditor, and with it any securities that the defendant may have given to the creditor. This category takes in orders that the defendant should pay the claimant a sum of money by way of contribution or reimbursement; orders that the defendant should permit the claimant to set off such a sum against a sum of money which the claimant himself owes to the defendant; and orders that the claimant should be treated, by a legal fiction, as though some or all of the creditor’s extinguished rights had been revived and transferred to him, in order that he might enforce them for his own benefit against the defendant.
Scope Of The Act
Authors: Haley Michael
Published: November 2023

Subject to a number of common law and statutory exceptions, section 23(1) 3.01 extends the protection of the 1954 Act to ’any tenancy where the property comprised in the tenancy is or includes premises which are occupied by the tenant and are so occupied for the purposes of a business carried on by him or for those and other purposes’. Not surprisingly, as the Law Reform Advisory Committee for Northern Ireland pointed out, ’almost every phrase of that provision has been the subject of judicial discussion and interpretation, with the result that its meaning is now largely clear’.1 The requirements are, therefore, first, that a tenancy exists. This is defined in section 69(1) to include leases, sub-tenancies and agreements for a lease, but excludes a demise by way of mortgage. Tenancies by estoppel fall within the 1954 Act.2 Second, the tenancy must be of premises which are occu- pied by the tenant. Third, this occupation must be wholly or partly attributable
The Landlord’S Section 25 Notice
Authors: Haley Michael
Published: November 2023

The operation of the Part II machinery depends heavily upon the service of appro- 4.01 priate notices on the correct parties. In the absence of agreement or legislative pro vision, notices must be served in a way that they can be proved to have been received by the intended recipient. Accordingly, it is convenient within this chap-ter to consider the general rules of service as they apply to any document to be served under the Landlord and Tenant Acts of 1927 and 1954. In addition, the special rules relating to partnerships will be discussed. Nevertheless, the primary focus is upon the landlord’s section 25 notice which is, arguably, the most impor- tant notice within the renewal process.1 This notice represents the usual method by which the renewal machinery is engaged2 and invokes the statutory jurisdic-tion of the court.