bluuebunny/crossref_metadata_2025 huggingface dataset:
Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Aslan v Murphy (Nos 1 and 2); Duke v Wynne [1990] 1 WLR 766, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Coventry v Lawrence [2014] UKSC 13, Supreme Court
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Coventry v Lawrence [2014] UKSC 13, Supreme Court. The document also includes supporting commentary from author Aruna Nair.
Halsall v Brizell [1957] Ch 169, High Court (Chancery Division)
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Halsall v Brizell [1957] Ch 169, High Court (Chancery Division). The document also includes supporting commentary from author Aruna Nair.
Street v Mountford [1985] AC 809, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Street v Mountford [1985] AC 809, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Walsh v Lonsdale (1882) 21 Ch D 9, Court of Appeal
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Walsh v Lonsdale (1882) 21 Ch D 9, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
William & Glynn’s Bank v Boland [1981] AC 487, House of Lords
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in William & Glynn’s Bank v Boland [1981] AC 487, House of Lords. The document also includes supporting commentary from author Aruna Nair.
Wood v Waddington [2015] EWCA Civ 538, Court of Appeal
Authors: Nair Aruna
Published: August 2018

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wood v Waddington [2015] EWCA Civ 538, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.
Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Bratty v Attorney-General for Northern Ireland [1963] AC 386, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Cheshire [1991] 1 WLR 844, Court of Appeal
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Cheshire [1991] 1 WLR 844, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
R v G and R [2003] UKHL 50, House of Lords
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v G and R [2003] UKHL 50, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R v Kennedy [2008] 1 AC 269, House of Lords
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Kennedy [2008] 1 AC 269, House of Lords. The document also included supporting commentary from author Jonathan Herring.
R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The document also included supporting commentary from author Jonathan Herring.
R v Pace and Rogers [2014] EWCA Crim 186, Court of Appeal
Authors: Herring Jonathan
Published: August 2018

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Pace and Rogers [2014] EWCA Crim 186, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.
Pearce & Stevens' Trusts and Equitable Obligations
Authors: Pearce Robert , Barr Warren
Published: August 2018

Pearce & Stevens’ Trusts and Equitable Obligations provides a detailed and contextualized account of the law of equity and trusts. The text gives detailed analysis of all key decisions, statutes, and current academic debates related to the law of equity and trusts, giving a grounding in the subject. This new edition, which includes an additional chapter on the three certainties, brings this subject together coherently, clarifying the discussion of the consequences of uncertainty. The text has been updated with recent cases and developments in the area, including Marr v Collie [2017] on resulting and constructive trusts, Patel v Mirza [2016] on illegality, Prest v Petrodel [2013] on resulting trusts and equitable proprietary remedies, and the Law Commission’s consultation on the making of wills.
18. Group rights
Authors: McCorquodale Robert
Published: August 2018

This chapter discusses the definition, exercise, and limitations of certain group rights, including peoples with the right of self-determination, minorities, and indigenous peoples. The right of self-determination protects a group as a group entity with regard to their political participation, as well as their control over their economic, social, and cultural activity as a group. The rights of minorities can be seen as both individual and group rights. Finally the growing recognition of the rights of indigenous peoples is considered.
Intellectual Property Law
Authors: Bently Lionel , Sherman Brad , Gangjee Dev , Johnson Phillip
Published: August 2018

Intellectual Property Law provides a detailed analysis of intellectual property law with reference to a wide range of academic opinion, giving a broad context for exploring the key principles of the subject. In this fifth edition, the introduction has been updated to take account of Brexit. Important developments covered include the introduction of a doctrine of equivalents into UK patent law, the reforms of EU trade mark law (particularly with respect to ‘representation’ of marks, and the ‘functionality exclusions’), and the development of the concept of ‘communication to the public’ by the CJEU. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies. The volume includes a new chapter on the tort of misuse of private information.
7. Statehood, Self-determination, and Recognition
Authors: Craven Matthew , Parfitt Rose
Published: August 2018

This chapter, which examines various theoretical arguments about recognition, statehood, or sovereignty, discusses the elusiveness of the actual place occupied by the State in legal international thought and practice. In one direction, the existence of a society of independent States appears to be a necessary presupposition for the discipline—something that has to precede the identification of those rules or principles which might be regarded as forming the substance of international law. In another direction, however, statehood is something that appears to be produced through international law following from a need to determine which political communities can rightfully claim to enjoy the prerogatives of sovereignty.
Complete Public Law
Authors: Webley Lisa , Samuels Harriet
Published: August 2018

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Public Law combines clear explanatory text and practical learning features with extracts from a wide range of primary and secondary materials. The book has been structured with the needs of undergraduate courses in mind. Opening with consideration of basic constitutional principles (in which no previous knowledge is assumed), the chapters move on to cover all other essential areas, before closing with consideration of the principles and procedures of judicial review. This edition includes a new chapter on executive accountability through a range of methods including tribunals, inquiries and alternative dispute resolution. The book has now been fully updated to account for the latest developments in constitutional law and politics, including the constitutional pathway to ‘Brexit’.
Constitutional & Administrative Law
Authors: Parpworth Neil
Published: August 2018

The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This tenth edition incorporates all significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest developments in constitutional and administrative law, including those relating to devolution and Brexit.
16. Tribunals, inquiries, and the ombudsmen remedy
Authors: Parpworth Neil
Published: August 2018

This chapter begins by distinguishing between tribunals and inquiries. A tribunal is a permanent body that sits periodically, while an inquiry is something which is established on an ad hoc basis. Tribunals are empowered to make decisions that are binding on those parties subject to their jurisdiction; inquiries generally do not have formal decision-making powers. Tribunals are concerned with matters of fact and law, whereas inquiries are concerned with wider policy issues. The discussion then turns to the reform of the tribunal system, the former Administrative Justice and Tribunals Council, the origins of ombudsmen, the Parliamentary Commissioner, ombudsmen of devolved institutions, the Health Service Commissioner, the Local Government Commissioners, ombudsmen and the courts, proposals for a unified Public Service Ombudsman service, and the European Ombudsman.
Street on Torts
Authors: Witting Christian
Published: August 2018

Street on Torts provides a wide-ranging overview, and a clear and accurate explanation of tort law. The book consists of nine parts. Part I provides an introduction to the subject. Part II looks at negligent invasions of interests in the person, property and financial assets as well as examining the liability in negligence of public authorities. Part III looks at intentional invasions of interests in the person and property. Part IV looks at misrepresentation-based and economic torts. Part V is about torts of strict or stricter liability (that is, where fault plays either no part or a lesser part in liability decisions) and includes consideration of nuisance and product liability. Part VI considers interests in reputation (ie defamation). Part VII is about actions in privacy. Part VIII looks at the misuse of process and public powers. The final part, Part IX, is about parties and remedies.
1. Overview of tort law
Authors: Witting Christian
Published: August 2018

This chapter provides an overview of tort law. It explains that tort law is a branch of the law of obligations which imposes liability for the breach of norms of conduct based on the type of interest at stake and the degree of fault. It provides a brief history of tort law. It then moves on to discuss the rights and interests protected by tort. It also considers theoretical perspectives about the proper parameters of tort, particularly about the bases of tortious liability and about whether tort law should serve individual or social goals.
10. Trespass to the person and related torts
Authors: Witting Christian
Published: August 2018

This chapter examines the protection afforded by tort law against trespass to the person and related torts. It discusses the elements of the torts of battery, assault, and false imprisonment. It considers intentional physical harm other than trespass to the person and explains the scope of the Protection from Harassment Act of 1997.
22. Privacy actions in tort
Authors: Witting Christian
Published: August 2018

This chapter examines the privacy action in tort. It explains that the tort has its origins in the equitable wrong of breach of confidence. It discusses the gist and elements of this tort and highlights the influence of Article 8 of the European Convention on Human Rights on the case law. This chapter also discusses potential defences, which include consent to the disclosure and the differential treatment of private information in the public domain.
7. Non-fatal offences against the person
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter first discusses the five main non-fatal offences against the person: assault (also referred to as ‘common assault’); battery; assault occasioning actual bodily harm; maliciously wounding or inflicting grievous bodily harm; and wounding or causing grievous bodily harm with intent. It also examines the defence of consent, and the two poisoning offences which are indictable only: maliciously administering poison or a noxious thing so as to endanger life or inflict grievous bodily harm under s.23 of the Offences Against the Person Act 1861; and maliciously administering poison or a noxious thing with intent to injure, aggrieve, or annoy, contrary to s.24 of the same Act.
11. Fraud
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of fraud under the Fraud Act 2006. There are three ways in which fraud may be committed. Section 2 of the Fraud Act 2006 provides for fraud by false representation; s.3 provides for fraud by failing to disclose information; and s.4 provides for fraud by abuse of a position of financial trust. Dishonesty is common to all three of these ways of committing fraud. The defendant must intend, by making the representation, to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.
15. Inchoate offences
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter deals with liability for inchoate offences. ‘Inchoate’ means incomplete or undeveloped. Where, for whatever reason, the full criminal offence is not committed, the defendant may still be liable for an inchoate offence. There are three types of inchoate offence: encouraging or assisting crime, conspiracy, and attempt. There are three offences of encouraging or assisting crime under the Serious Crime Act 2007, namely intentionally encouraging or assisting an offence; encouraging or assisting an offence believing it will be committed; and encouraging or assisting offences believing one or more will be committed.
16. Accessorial liability
Authors: Monaghan Nicola
Published: August 2018

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the law relating to accessorial liability or parties to crime. It discusses liability for aiding, abetting, counselling, or procuring the commission of an offence under the Accessories and Abettors Act 1861, the scope of accessorial liability after the decision in R v Jogee [2016] UKSC 8, the effect of withdrawing participation, liability for participation after the offence, protection of the victim, and recommended reforms to the law.
5. Witnesses
Authors: Keane Adrian , McKeown Paul
Published: August 2018

This chapter discusses the following: (i) the competence and compellability of witnesses (including the special rules that apply in the case of the accused, the spouse or civil partner of an accused, persons with a disorder or disability of the mind, the Sovereign, diplomats, and bankers); (ii) oaths and affirmations; (iii) the use of live links; (iv) the time at which evidence should be adduced; (v) witnesses in civil cases (including the witnesses to be called and the use of witness statements); (vi) witnesses in criminal cases (including the witnesses to be called, the order of witnesses, evidence-in-chief by video-recording and special measures directions for vulnerable and intimidated witnesses); (vii) witness anonymity; and (viii) witness training and familiarization.
13. Part-Time and Fixed-Term Work
Authors: Cabrelli David
Published: August 2018

This chapter examines the policies that have been adopted to strike a balance between the twin objectives of labour market flexibility and enhanced job quality in the context of the regulation of part-time work and fixed-term work. It discusses the benefits and drawbacks of part-time and fixed-term working: for workers the flexibility which accompanies such positions can enable them to secure working hours that are tailored around their domestic and social responsibilities; however, such work often comes at a cost in terms of low pay, low status, and insecurity. These working patterns are attractive to employers as they generate cost efficiencies. The chapter evaluates the equal treatment regimes contained in the Part-Time Workers Regulations and the Fixed-Term Employees Regulations. In so doing, it addresses the Framework Agreement and Directive on Part-time Work and the Agreement on Fixed-term Work and the Fixed-term Work Directive.
4. Equality in Employment
Authors: Emir Astra
Published: August 2018

This chapter considers those provisions of the Equality Act 2010 that relate to employment law. These generally are to be found in Parts 5, 8, 9, 10, and 11 of the Act, together with provisions found in various schedules. Topics discussed include key concepts of the Act; various types of prohibited conduct such as direct and indirect discrimination; the protected characteristics as identified by the Equality Act; discrimination in employment; provisions in the Equality Act that are common to all of the protected characteristics; comparators; occupational requirements; submitting a complaint; enforcement powers of the Equality and Human Rights Commission; and other protected groups.
19. Duties of Ex-employees
Authors: Emir Astra
Published: August 2018

This chapter considers the duties of ex-employees, ie the obligations which apply to an employee who is about to leave his employment (whether voluntarily or otherwise), or who has actually left that employment. The law must strike a delicate balance. On the one hand, an employee has a right to earn his living, and knowledge and skills obtained in his former employment will doubtless enable him to continue to do so; on the other hand, an employer is entitled to limited protection against an employee who may well be seeking to compete. It includes garden leave, trade secrets and confidential information, restraint of trade and working for competitors.
1. Overview
Authors: French Derek
Published: August 2018

This chapter provides an overview of the work’s contents. It introduces the basic ideas of company law. A company is an artificial legal person capable of owning property, being a party to contracts, and being a claimant or defendant in legal proceedings. A company is created by registration at Companies House under the Companies Act 2006. A company is both an association of members (shareholders) and a person separate from its members. Members are not liable for the company’s debts. Members are only liable to make an agreed capital contribution in return for their shares. Members appoint directors to manage the company’s business and represent the company. Every company must have articles of association which set out the company’s constitution.
32. Witness Statements, Affidavits, and Depositions
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules relating to the use of written evidence in civil proceedings. Under the Civil Procedure Rules 1998 (CPR), evidence given in civil trials is given primarily from the witness box, but with witness statements exchanged well before trial standing as the evidence-in-chief of the witnesses. The parties are required to exchange their witnesses’ statements in order to save time and costs at trial, and to enable the parties to evaluate the merits of their dispute with a view to settlement. Written evidence in support of interim applications can be given by a variety of different methods, but the principal means is by way of signed witness statements.
36. Offers to Settle
Authors: Sime Stuart
Published: August 2018

Part 36 of the Civil Procedure Rules 1998 (CPR) provides a means for a party to make a formal offer in settlement of the claim which will be treated as without prejudice for the purposes of liability and remedies, but which can be disclosed to the court on the question of costs. This chapter discusses offers to settle before the commencement of proceedings; making a Part 36 offer; acceptance of a Part 36 offer; rejections, counter-offers, and subsequent offers; withdrawal and amendment of Part 36 offers; failing to obtain judgment more advantageous than a Part 36 offer; advising on Part 36 offers; non-disclosure to judge; and Part 36 offers in appeals.
Long-Term Survivorship Care After Cancer Treatment - Summary of a 2017 National Cancer Policy Forum Workshop
Authors: Kline Ronald M , Arora Neeraj K , Bradley Cathy J , Brauer Eden R , Graves Darci L , Lunsford Natasha Buchanan , McCabe Mary S , Nasso Shelley Fuld , Nekhlyudov Larissa , Rowland Julia H , Schear Rebekkah M , Ganz Patricia A
Published: August 2018

The National Cancer Policy Forum of the National Academies of Sciences, Engineering and Medicine sponsored a workshop on July 24 and 25, 2017 on Long-Term Survivorship after Cancer Treatment. The workshop brought together diverse stakeholders (patients, advocates, academicians, clinicians, research funders, and policymakers) to review progress and ongoing challenges since the Institute of Medicine (IOM)’s seminal report on the subject of adult cancer survivors published in 2006. This commentary profiles the content of the meeting sessions and concludes with recommendations that stem from the workshop discussions. Although there has been progress over the past decade, many of the recommendations from the 2006 report have not been fully implemented. Obstacles related to the routine delivery of standardized physical and psychosocial care services to cancer survivors are substantial, with important gaps in care for patients and caregivers. Innovative care models for cancer survivors have emerged, and changes in accreditation requirements such as the Commission on Cancer’s (CoC) requirement for survivorship care planning have put cancer survivorship on the radar. The Center for Medicare & Medicaid Innovation’s Oncology Care Model (OCM), which requires psychosocial services and the creation of survivorship care plans for its beneficiary participants, has placed increased emphasis on this service. The OCM, in conjunction with the CoC requirement, is encouraging electronic health record vendors to incorporate survivorship care planning functionality into updated versions of their products. As new models of care emerge, coordination and communication among survivors and their clinicians will be required to implement patient- and community-centered strategies.
The essential evolution of LNG trading—moving to GTCs
Authors: Maalouf Ruchdi
Published: August 2018

On 12 June 2018, French law firm De Gaulle Fleurance & Associés released a set of proposed general terms and conditions (GTCs) to be used for the sale and purchase of liquefied natural gas (LNG), the LNG GTCs 2018.1 The GTCs, which were developed with input from several LNG experts (including lawyers, traders and surveyors), in order to deliver a set of market ready terms and conditions, offer a credible alternative to the customary route of using the master LNG sales and purchases agreement (MSPA) to trade LNG cargoes which will give greater impetus to growing the short-term LNG trade sector. The GTCs, which recognize that the current contracting methodology of using MSPAs is burdensome, inefficient and obstructive to liquidity, efficiency and tradability, follow an attempt to develop a proof-of-concept over 6 years ago.2 In moving from the academic to the practical, the GTCs have been drafted and made publicly available in order to demonstrate that using GTCs for promoting the growth of short-term LNG trading is more than a theoretically desirable development.
Competition Law
Authors: Whish Richard , Bailey David
Published: August 2018

The book explains the purpose of competition policy, introduces the reader to key concepts and techniques in competition law and provides insights into the numerous different issues that arise when analysing market behaviour. Describing the law in its economics and market context, the chapters particularly consider the competition law implications of business phenomena, including distribution agreements, licences of intellectual property rights, cartels, joint ventures and mergers. The book assimilates a wide variety of resources, including judgments, decisions, guidelines and periodical literature. The text has been updated to include the changes to UK law introduced by the Consumer Rights Act 2015, including the reform of collective actions. It also considers the Directive on Antitrust Damages Actions and other measures designed to facilitate private enforcement of competition law. The book also discusses for the first time the application of competition law to price signalling, algorithmic collusion and other atypical cartel activities; it also incorporates extensive new case law and decisional practice at EU and UK level.
Article 101(3)
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter examines Article 101(3) of the Treaty on the Functioning of the European Union (TFEU). Article 101(3) provides a ‘legal exception’ to the prohibition in Article 101(1) by providing that it may be declared inapplicable in respect of agreements, decisions or concerted practices, or of categories of agreements, decisions or concerted practices, that satisfy four conditions. After discussing the burden and standard of proof under Article 101(3) and the application of that provision to agreements, including restrictions of competition by object, this chapter discusses the four conditions in Article 101(3). It then considers the implications of Regulation 1/2003 for undertakings and their professional advisers, and in particular their need to ‘self-assess’ the application of Article 101(3) to agreements. The final section of this chapter describes the system of so-called ‘block exemptions’.
Competition Act 1998: substantive provisions
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter discusses the Competition Act 1998, which serves as a basis for UK competition law. Following an overview of the Competition Act, it considers decisional practice and case law under the so-called Chapter I and Chapter II prohibitions in the Competition Act, which are modelled after Articles 101 and 102 TFEU. It discusses the relationship between EU and domestic competition law, including the important ‘governing principles’ clause in section 60 of the Competition Act, which is intended to achieve consistency with EU law. The chapter contains a table of all the decisions under the Competition Act to have been published on the website of the Competition and Markets Authority (‘the CMA’) since the eighth edition of the book up until 8 December 2017. The chapter concludes with a discussion of the application of the Competition Act in practice and the possible implications of Brexit for UK competition law.
Mergers (2): EU law
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter provides an overview of EU merger control and the jurisdictional rules which determine whether a particular merger should be investigated by the European Commission or by the national competition authorities. It deals with procedural considerations such as the mandatory pre-notification to the Commission of mergers that have a Union dimension and the timetable within which the Commission must operate. It discusses the substantive analysis of mergers under the EU Merger Regulation (‘the EUMR’) and explains the procedure for the Commission to authorise a merger on the basis of commitments offered by the parties to address its competition concerns. Finally, it describes the Commission’s powers of investigation and enforcement, judicial review of Commission decisions by the EU Courts and cooperation between the Commission and other competition authorities, both within and outside the EU. The chapter concludes with an examination of how the EUMR merger control provisions work in practice.
Mergers (3): UK law
Authors: Whish Richard , Bailey David
Published: August 2018

This chapter provides an overview of the UK system of merger control and explains the procedure of the Competition and Markets Authority (‘the CMA’) when determining whether a merger should be referred for an in-depth ‘Phase 2’ investigation and when deciding to accept ‘undertakings in lieu’ of a reference. It describes how Phase 2 investigations are conducted and discusses the way in which the CMA applies the ‘substantially lessening competition’ (‘SLC’) test in practice. It then explains the enforcement powers in the Enterprise Act 2002, including the remedies that the CMA can impose in merger cases, and discusses various supplementary matters, such as powers of investigation and enforcement. The chapter concludes with a discussion of how the merger control provisions work in practice and provides a brief account of the provisions on public interest cases, other special cases and mergers in the water industry.
The Role of Standard and Advanced Imaging for the Management of Brain Malignancies From a Radiation Oncology Standpoint
Authors: Press Robert H , Zhong Jim , Gurbani Saumya S , Weinberg Brent D , Eaton Bree R , Shim Hyunsuk , Shu Hui-Kuo G
Published: August 2018

Radiation therapy (RT) plays a critical role in the overall management of many central nervous system (CNS) tumors. Advances in RT treatment planning, with techniques such as intensity modulated radiation therapy, volumetric modulated arc therapy, and stereotactic radiosurgery, now allow the delivery of highly conformal dose with great precision. These techniques rely on high-resolution 3-dimensional anatomical imaging modalities such as computed tomography or magnetic resonance imaging (MRI) scans to accurately and reliably define CNS targets and normal tissue avoidance structures. The integration of cross-sectional imaging into radiation oncology has directly translated into improvements in the therapeutic window of RT, and the union between radiation oncology and imaging is only expected to grow stronger. In addition, advanced imaging modalities including diffusion, perfusion, and spectroscopic MRIs as well as positron emission tomography (PET) scans with novel tracers are being utilized to provide additional insight into tumor biology and behavior beyond anatomy. Together, these standard and advanced imaging modalities hold significant potential to improve future RT delivery and response assessment. In this review, we will discuss the current utilization of standard/advanced imaging for CNS tumors from a radiation oncology perspective as well as the implications of novel MRI and PET modalities currently under investigation.
A Modified Translaryngeal Tracheostomy Technique in the Neurointensive Care Unit. Rationale and Single-center Experience on 199 Acute Brain-damaged Patients
Authors: Spina Stefano , Scaravilli Vittorio , Cavenaghi Giovanni , Manzolini Dario , Marzorati Chiara , Colombo Enrico , Savo Davide , Vargiolu Alessia , Citerio Giuseppe
Published: August 2018

Background:

Brain-injured patients frequently require tracheostomy, but no technique has been shown to be the gold standard for these patients. We developed and introduced into standard clinical practice an innovative bedside translaryngeal tracheostomy (TLT) technique aided by suspension laryngoscopy (modified TLT). During this procedure, the endotracheal tube is left in place until the airway is secured with the new tracheostomy. This study assessed the clinical impact of this technique in brain-injured patients.

Materials and Methods:

This is a retrospective analysis of prospectively collected data from adult brain-injured patients who had undergone modified TLT during the period spanning from January 2010 to December 2016 at the Neurointensive care unit, San Gerardo Hospital (Monza, Italy). The incidence of intraprocedural complications, including episodes of intracranial hypertension (intracranial pressure [ICP] >20 mm Hg), was documented. Neurological, ventilatory, and hemodynamic parameters were retrieved before, during, and after the procedure. Risk factors for complications and intracranial hypertension were assessed by univariate logistic analysis. Data are presented as n (%) and median (interquartile range) for categorical and continuous variables, respectively.

Results:

A total of 199 consecutive brain-injured patients receiving modified TLT were included. An overall 52% male individuals who were 66 (54 to 74) years old and who had an admission Glasgow Coma Scale of 7 (6 to 10) were included in the cohort. Intracerebral hemorrhage (30%) was the most frequent diagnosis. Neurointensivists performed 130 (65%) of the procedures. Patients underwent tracheostomy 10 (7 to 13) days after intensive care unit admission. Short (ie, <2 min) and clinically uneventful increases in ICP>20 mm Hg were observed in 11 cases. Overall, the procedure was associated with an increase in ICP from 7 (4 to 10) to 12 (7 to 18) mm Hg (P<0.001). Compared with baseline, cerebral perfusion pressure (CPP), respiratory variables, and hemodynamics were unchanged during the procedure (P-value, not significant). Higher baseline ICP and core temperature were associated with an increased risk of complications and intracranial hypertension. Complication rates were low: 1 procedure had to be converted to a surgical tracheostomy, and 1 (0.5%) episode of minor bleeding and 5 (2.5%) of minor non-neurological complications were recorded. Procedures performed by intensivists did not have a higher risk of complications compared with those performed by ear, nose, and throat specialists.

Conclusions:

A modified TLT (by means of suspension laryngoscopy) performed by neurointensivists is feasible in brain-injured patients and does not adversely impact ICP and CPP.
Assessment and Change: An Exploration of Documented Assessment Activities and Outcomes by Canadian Psychiatrists
Authors: Lockyer Jocelyn M. , Sockalingam Sanjeev , Campbell Craig
Published: August 2018

Introduction:

Fellows of the Royal College of Physicians and Surgeons of Canada are required to participate in assessment activities for all new 5-year cycles beginning on or after January 2014 to meet the maintenance of certification program requirements. This study examined the assessment activities which psychiatrists reported in their maintenance of certification e-portfolios to determine the types and frequency of activities reported; the resultant learning, planned learning, and/or changes to the practice they planned or implemented; and the interrelationship between the types of assessment activities, learning that was affirmed or planned, and changes planned or implemented.

Methods:

A total of 5000 entries from 2195 psychiatrists were examined. A thematic analysis drawing on the framework analysis was undertaken of the 2016 entries.

Results:

There were 3841 entries for analysis; 1159 entries did not meet the criteria for assessment. The most commonly reported activities were self-assessment programs, feedback on teaching, regular performance reviews, and chart reviews. Less frequent were direct observation, peer supervision, and reviews by provincial medical regulatory authorities. In response to the data, psychiatrists affirmed that their practices were appropriate, identified gaps they intended to address, planned future learning, and/or planned or implemented changes. The assessment activities were internally or externally initiated and resulted in no or small changes (accommodations and adjustments) or redirections.

Discussion:

Psychiatrists reported participating in a variety of assessment activities that resulted in variable impact on learning and change. The study underscores the need to ensure that assessments being undertaken are purposeful, relevant, and designed to enable identification of outcomes that impact practice.
How One Nurse Changed a Country
Authors: Rayborn Michong K.
Published: August 2018

How can one nurse change the world? This descriptive case study examines the remarkable career of Margaret Kollmer, a nurse and Mary-knoll Sister who developed Korea's first Certified Registered Nurse Anesthetist training program and organized the Korean Association of Nurse Anesthetists. Later, she joined a team serving displaced Korean families and helped establish the first hospice program in Korea, as well as a resident hospice program for homeless AIDS patients in New York. Her 59 years of service shows what faithful reliance on God can accomplish.
Executive functioning: perspectives on neurotrophic activity and pharmacology
Authors: Sun Miao-Kun
Published: August 2018

Executive functioning is a high-level cognitive ability, regulating other abilities and behaviors to achieve desired goals. A typical executive task can be defined as the capacity to maintain one’s attention on the current task, that is, responding only to the correct but not to distractive stimuli. Impairments of executive functions, or executive dysfunctions, have a growing impact on everyday life and academic achievement and are usually an early feature, and one of the core features, in brain injury and memory and behavioral disorders. Furthermore, emerging evidence indicates that memory therapeutics cannot achieve their clinical benefits in cognition if executive dysfunction is not effectively and simultaneously treated. Improvement of executive functions might be achieved through targeting some signaling pathways in the brain, including the brain-derived neurotrophic factor signaling pathways. These agents may be useful either as stand-alone interventions for patients with executive dysfunction and/or psychiatric and memory disorders or as essential adjuncts to drugs that target the underlying pathology in various brain injury and memory and behavioral disorders.
Comprehension of Legal Language by Adults With and Without Traumatic Brain Injury
Authors: Wszalek Joseph A. , Turkstra Lyn S.
Published: August 2018

Objective:

To characterize comprehension of written legal language in adults with and without traumatic brain injury (TBI).

Participants:

Nineteen adults with moderate-to-severe TBI (11 females) and 21 adults without TBI (13 females), aged 24 to 64 years.

Methods:

Participants completed a multiple-choice assessment of legal-language comprehension, with written stimuli either presented in their original legal form or manipulated to simplify syntax or use more frequently occurring words.

Results:

Across stimulus types, TBI group participants were significantly less accurate and slower than comparison peers, with no effect of linguistic manipulation. Working memory and reading fluency test scores correlated with task accuracy and speed in both groups.

Conclusions:

Adults with TBI underperformed their uninjured peers in both accuracy and speed on a task of legal-language comprehension, and these differences were attributable in part to differences in working memory and reading fluency. Results highlight the potential costs of TBI-related communication problems in criminal proceedings and the need to formally evaluate language comprehension in individuals with TBI who are in the criminal justice system.
Fungal Interface Keratitis After Descemet Membrane Endothelial Keratoplasty
Authors: Augustin Victor A. , Weller Julia M. , Kruse Friedrich E. , Tourtas Theofilos
Published: August 2018

Purpose:

To evaluate the incidence, clinical course, and management of fungal interface keratitis (IK) after Descemet membrane endothelial keratoplasty (DMEK).

Methods:

This is a single-center retrospective observational case series of 3950 eyes undergoing DMEK. Six eyes with fungal IK were detected and analyzed. Analysis included graft storage condition, incidence of fungal IK, identification of the pathogenic agent, topical/systemic and surgical treatment regimen, and best-corrected visual acuity.

Results:

Fungal IK after DMEK occurred in 6 of 3950 cases (0.15%). Corneal grafts were either stored in Optisol-GS (n = 4) or in organ culture (n = 2). In all cases, Candida species were isolated (Candida tropicalis, Candida albicans, Candida orthopsilosis, and Candida guilliermondii). Four eyes developed fungal IK during the early postoperative period (3–5 d) and 2 eyes later at 16 to 42 days after surgery. All patients received topical and systemic antifungal treatment and intracameral application of antifungal agents. In the case of an early infection, graft removal was performed in 3 of 4 patients. Late infections were eradicated without graft exchange. Recurrence of fungal infection was observed in 1 case after early IK and in both cases after late IK. Final visual acuity ranged from 20/200 to 20/20.

Conclusions:

Fungal IK is a rare complication after DMEK. Based on our experience, we believe that treatment of early fungal IK with aggressive presentation should include both immediate graft exchange and intracameral application of voriconazole and amphotericin, in addition to topical and systemic antifungal treatment. Graft exchange seems not to be mandatory in late infections.
Current Practice Patterns and Opinions on the Management of Recent-Onset or Chronic Herpes Zoster Ophthalmicus of Zoster Eye Disease Study Investigators
Authors: Lo Danielle M. , Jeng Bennie H. , Gillespie Colleen , Wu Mengfei , Cohen Elisabeth J.
Published: August 2018

Purpose:

To determine practices and opinions among study investigators in the Zoster Eye Disease Study (ZEDS) regarding suppressive valacyclovir treatment for recent-onset and chronic herpes zoster ophthalmicus (HZO).

Methods:

An Internet-based survey was distributed to 170 ZEDS study investigators with questions regarding treatment practices for stromal keratitis in HZO and opinions regarding the efficacy of prolonged antiviral prophylaxis.

Results:

The response rate was 72.4% (123/170). Topical steroids and oral antivirals were used by the majority of respondents for stromal keratitis in both recent-onset (69.1%, 85/123) and chronic HZO (63.4%, 78/123) (P = 0.86). The duration of treatment was similar in both recent-onset and chronic HZO (P = 0.58) with 50.4% (124/246) of ZEDS investigators using prolonged treatment for stromal keratitis due to recent-onset or chronic HZO. The majority of ZEDS respondents believe that oral antivirals are effective during treatment (70.7%, 87/123).

Conclusions:

Approximately half of ZEDS investigators treat HZO with prolonged oral antivirals, in addition to topical steroids, and two-thirds believe that it is effective. Completion of ZEDS is feasible and necessary to determine whether or not these practices are effective. Participation in this study is necessary to obtain evidence to support treatment that many ophthalmologists use and believe is effective.
Keratoconus Progression After Corneal Cross-Linking in Eyes With Preoperative Maximum Keratometry Values of 58 Diopters and Steeper
Authors: Kuechler Samuel J. , Tappeiner Christoph , Epstein Dan , Frueh Beatrice E.
Published: August 2018

Purpose:

To evaluate the effectiveness of cross-linking (CXL) in treating keratoconus eyes with Kmax values ≥58.0 D.

Methods:

Retrospective analysis of outcomes of standard Dresden epi-off CXL in progressive keratoconus with preoperative Kmax ≥58.0 Diopters (D). Inclusion criteria were Kmax ≥58.0 D and minimum follow-up of 1 year. Corneal topography and tomography were performed preoperatively and at 1 and 2 years. Sixty-one eyes of 56 patients with mean age of 24.9 ± 8.6 years (mean ± SD, range 12–57 years) had 1-year follow-up. Fifty of these eyes had 2-year follow-up. The definition of progression was an increase in Kmax of ≥1.0 D over 1 year.

Results:

Mean Kmax was 63.9 ± 6.1 D (mean ± SD, range 58.2–87.0 D) preoperatively (n = 61) and 62.9 ± 5.9 D (range 54.6–82.5 D) after 1 year. This represented a significant decrease in steepness (P = 0.0029). Mean pachymetry decreased significantly from 433.7 ± 44.8 μm preoperatively to 423.0 ± 41.8 μm (P = 0.001) at 1 year. Progression occurred in 14 of the 61 eyes (23%) at 1 year, and 5 (8.2%) steepened more than 2.0 D. In the group with 2-year follow-up, mean Kmax was 63.0 ± 5.0 D (range 58.2–87 D) before CXL and decreased to 61.5 ± 4.8 D (range 53.6–78.3 D) at 2 years (P = 0.001). Nine of the 50 eyes (18%) showed an increase of Kmax of ≥ 1 D.

Conclusions:

The incidence of progression (23% at 1 and 18% at 2 years, respectively) is considerably higher than in previously reported results of CXL in eyes with mean Kmax ≥58.0 D. To the best of our knowledge, this study represents the largest number of such steep corneas analyzed with respect to long-term progression after CXL.