bluuebunny/crossref_metadata_2025 huggingface dataset:
2. Who makes company law and what is it for?
Authors: French Derek
Published: August 2018

This chapter discusses the sources and purposes of company law. Legislation is the most important source of company law. There is EU as well as UK legislation, but this is subject to Brexit. Litigation concerning companies has generated a vast quantity of case law. There are other rules such as the UK Corporate Governance Code and there are practitioner texts and academic articles and books in abundance. There is a discussion of the purpose of company law which notes that its most significant purpose must be to facilitate business, but there is argument over whether mandatory rules of company law are the best way to encourage business enterprise. This leads to the discussion of whether companies should only serve the interests of their members (the shareholder-centred view of the company) or whether wider public interests must be considered.
3. Registration
Authors: French Derek
Published: August 2018

This chapter discusses the process of registration for the incorporation of companies under the Companies Act 2006. It considers the distinction between private and public companies, the meaning of limited liability and the significant characteristics of the company created by the registration procedure (separate corporate personality, members, shareholding, directors, secretary, name, constitution and a registered office and domicile). The chapter discusses re-registration as a means of altering a company. It looks at a particularly significant case: Ebrahimi v Westbourne Galleries Ltd [1973] AC 360.
8. Share transfer
Authors: French Derek
Published: August 2018

This chapter discusses some of the procedures to be followed when transferring some or all of a company member’s shares to another person, for sales on and off the London Stock Exchange, transfers of all or a part of a member’s holding and transfers of certificated and uncertificated shares. After describing share certificates and uncertificated shares, the chapter considers the problem of who should bear the loss when a transfer of shares is forged or fraudulent. It also explores transmission of shares on death or bankruptcy.
9. Control of a company
Authors: French Derek
Published: August 2018

This chapter discusses how control of a company can be identified and how it can change. It considers takeovers, the City Code and compulsory acquisition of remaining shares. There is full discussion of the provisions for disclosure of significant holdings both to warn of potential takeover moves and to disclose in the public interest who has significant control of a company. The statutory definitions of holding company, subsidiary and wholly owned subsidiary are considered.
10. Distributions and maintenance of capital
Authors: French Derek
Published: August 2018

This chapter examines the controls imposed on return of a company’s capital to its members, first by considering the common law general principle that return of capital to shareholders is illegal unless permitted by statute. It then discusses the problem of how to distinguish between a legal distribution of profits and an illegal return of capital; transfer of profits to a capital redemption reserve and use of profits to pay up bonus shares; company’s issuance and redemption of redeemable shares or purchase of its own shares; purchased shares as treasury shares; and how a company may reduce its issued share capital by special resolution. The chapter also looks at capitalisations and employees’ share schemes. It includes analysis of three court cases that are particularly significant to distributions and the maintenance of capital.
11. Borrowing and security
Authors: French Derek
Published: August 2018

This chapter considers borrowing as an important method of financing a company’s activities, and security as a right of recourse against company property if the loan is not repaid on time. It begins by discussing security for financial obligations, paying particular attention to security contracts, the redemption or discharge of security and the realisation of security. It then turns to the registration of non-possessory security contracts, the priorities of legal and equitable charges and floating charges as a form of security and their crystallisation. The extent to which the assets of a company to which anyone is considering extending credit are already charged as security is also explained. The chapter considers three particularly significant court cases: Evans v Rival Granite Quarries Ltd [1910] 2 KB 979; Re Spectrum Plus Ltd [2005] UKHL 41, [2005] 2 AC 680; and Re Yorkshire Woolcombers Association Ltd [1903] 2 Ch 284.
12. Market abuse
Authors: French Derek
Published: August 2018

This chapter deals with abuses committed in the trading of shares, with particular reference to insider dealing and market manipulation, and the laws intended to control them. The chapter considers forms of control to prevent market abuse under three key pieces of legislation: Regulation (EU) No 596/2014, the Criminal Justice Act 1993 and the Financial Services Act 2012. It looks at regulations governing disclosure to regulated markets and the fiduciary duty of directors, and offences involving insider dealing and creating a false market. The chapter analyses a particularly significant case: Percival v Wright [1902] 2 Ch 421.
13. Corporate governance
Authors: French Derek
Published: August 2018

This chapter surveys corporate governance. It identifies the key problem of the separation of ownership and control in companies that are not owner-managed. Shareholders are seen as the owners of the company but directors manage the company and can do so for their own benefit rather than the shareholders’. There is a list of the numerous legal controls on directors, which are studied in other chapters. There is discussion of two ways of looking at directors, either as stewards who must account for their actions to the owners or as entrepreneurs whose wealth-creating work deserves reward. The UK Corporate Governance Code, which applies to premium listed companies, is discussed, as is shareholder activism.
19. Acting for a company: agency and attribution
Authors: French Derek
Published: August 2018

This chapter deals with the legal relationship of agency that exists between the company and the agent, explaining the process involved in an agent’s authentication and the execution of documents for the company he or she represents. It then considers two ways in which a company may become contractually bound to another person (a ‘contractor’) under the provisions of the Companies Act 2006: through a written contract to which the company’s common seal is affixed, or when someone has made a contract on behalf of the company. It also discusses the company’s capacity to enter into contracts, with emphasis on the ultra vires rule, and attribution by a court so as to impose criminal liability on a company. A number of court cases relevant to the discussion are cited.
20. Company insolvency and liquidation
Authors: French Derek
Published: August 2018

This chapter deals with procedures and legislation governing the insolvency and liquidation of a company and who are qualified as insolvency practitioners. It discusses insolvency procedures such as administration, voluntary arrangement, creditors’ voluntary winding up, winding up by the court and the appointment of a provisional liquidator. It considers the effect of insolvency and liquidation procedures on floating charges, court control of insolvency and liquidation procedures, and liability for fraudulent trading and wrongful trading. The legal principles underlying disqualification orders against a company’s directors, the use of an insolvent company’s name, the order of the application of assets in liquidation and the dissolution of a company are also examined.
Immigration & Asylum Law
Authors: Clayton Gina , Firth Georgina
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. The eighth edition of the Textbook on Immigration and Asylum Law provides expert coverage of case law and legislation, along with analysis of the political context and social impact of the law, and a strong focus on human rights. The volume guides the reader through this constantly developing area of law. Analysis and commentary on the political, social, and historical dimensions of the law brings the subject to life and encourages readers to engage critically with the issues. This edition has been fully updated with recent cases and developments in the law, including the changes to the powers of removal and rights of appeal in the Immigration Acts 2014 and 2016. It also gives an account of the asylum process, and applications for protection for victims of trafficking.
1. History and sources of immigration law
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter begins with a brief history of immigration law in the UK, focusing on key legislative developments and noting the themes which arise in that history. Twenty-first-century legislation is discussed in more detail, observing the trends of increasing restriction on those seeking asylum and reduction of appeal rights for all migrants. The tension between the executive and judiciary is noted as a background to much of the development. The chapter concludes with the sources of immigration law, including the immigration rules and policies, and explains that immigration law is not, as was once thought, founded in the prerogative.
3. Nationality, citizenship, and right of abode
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter considers the bases of nationality and citizenship, and traces the development of British nationality law, focusing on changes from 1948 to the present day. It looks at the effects of these changes on particular groups of people, characterized to a significant extent by progressive exclusion. It considers the fundamental incident of citizenship and the right to live in one’s own country, both as to the interaction of nationality and immigration law and as to the overall effect of full inclusion as a citizen. The bases for obtaining British nationality by registration and naturalization are discussed, as are the powers of deprivation of citizenship. The possibility of asserting rights as a stateless person is also noted.
4. Freedom of movement for EU nationals
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals; for instance, as a spouse or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.
11. The asylum process
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena , Wray Helena
Published: August 2018

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter describes the asylum process from application through to cessation of refugee status. The first two sections deal with entering the UK to claim asylum, and with the asylum application and decision-making; the third with the different routes through which an asylum claim can be processed, including ‘safe’ country of origin provisions and non-suspensive appeals, and returns to third countries pursuant to the Dublin Regulation. The fourth section concerns penalties connected with seeking asylum. The final sections cover remedies for victims of trafficking, and other procedures after appeal rights are exhausted, or asylum has been granted.
European Union Law
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The tenth edition of EU Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, and further reading suggestions help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts and general principles, free movement of goods and persons, and citizenship.
6. General principles of law and the Charter of Fundamental Rights
Authors: Horspool Margot , Humphreys Matthew , Wells-Greco Michael
Published: August 2018

This chapter discusses the overarching principles of the Union legal order (subsidiarity, proportionality, sustainability, and equality); fundamental human rights in the Union (Court of Justice jurisdiction over Member State acts, and rights against Union institutions or agents); and principles of administrative justice and good governance (legal certainty, non-retroactivity and legitimate expectations, rights of process and natural justice, transparency, and legal professional privilege).
A Practical Approach to Conveyancing
Authors: Abbey Robert , Richards Mark
Published: August 2018

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This nineteenth edition has been fully updated with recent developments in the area, including coverage of the Land Transaction Tax, developments affecting ‘Help to buy’ shared ownership schemes, the facilitation of e-conveyancing as part of the 2003 Land Registration Rules, and proposed changes to the Land Registration Act 2002 currently under review by the Law Commission.
A Practical Approach to Civil Procedure
Authors: Sime Stuart
Published: August 2018

A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2018 and the 95th Update. Changes incorporated into the new edition include the introduction of the Business and Property Courts and the Online Court, together with the replacement of the Mercantile Court with the Circuit Commercial Court. Among the many recent cases incorporated into the text are the important Supreme Court cases of Barton v Wright Hassall LLP on alternative service and on how the CPR apply to litigants in person, and Goldtrail Travel Ltd v Onur Air Tasimacilik SA on companies seeking to establish an inability to meet a financial condition, which is relevant in a number of areas, including security for costs and appeals.
1. Introduction
Authors: Sime Stuart
Published: August 2018

The civil courts perform the important function of resolving disputes that cannot be resolved by agreement between the parties. This introductory chapter briefly sets out the book’s focus, namely the mechanics of how legal and equitable rights are asserted, determined, and enforced through the civil courts. It then discusses the legal profession, lawyers’ duties, initial instructions, confidentiality and conflict of interest, pre-action correspondence, and the main stages in court proceedings.
2. Funding Litigation
Authors: Sime Stuart
Published: August 2018

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
3. The Civil Courts
Authors: Sime Stuart
Published: August 2018

This chapter describes the civil courts in England and Wales. It covers the composition and administration of magistrates’s courts, County Court, and the High Court; jurisdiction; High Court Divisions (Queen’s Bench Division (QBD), Chancery Division (ChD), and Family Division), and specialist courts (Business and Property Courts, Technology and Construction Court, Commercial Court, Administrative Court, Companies Court, Patents Court, and Intellectual Property Enterprise Court). For most civil claims the claimant has a free choice between the High Court and the County Court. Common law claims are suitable for the Queen’s Bench Division, whereas equity claims are more suitable for the Chancery Division. The High Court should be used for the more important and complex claims.
4. Overriding Objective and Human Rights
Authors: Sime Stuart
Published: August 2018

This chapter discusses the sources of procedural law, the general principles relevant to civil procedure established by the overriding objective, the European Convention on Human Rights, and some rules on how the courts approach construing the Civil Procedure Rules 1998 (CPR). The CPR and practice directions (PDs) are the procedural rules governing civil proceedings. The most important rule is the ‘overriding objective’ of dealing with claims justly and at proportionate cost. The most important Convention rights in civil litigation are the right to a fair trial, the right to respect for private and family life, and the right to freedom of expression.
5. Pre-Action Protocols
Authors: Sime Stuart
Published: August 2018

This chapter discusses the pre-action protocols, which provide guidance on the exchange of information and evidence before proceedings are commenced. It covers the 14 pre-action protocols established by the Ministry of Justice; cases not covered by pre-action protocols; professional negligence pre-action protocol; personal injury protocol; different approaches to the appointment of experts; sanctions for non-compliance with protocols; the Road Traffic Act 1988; agreements with the Motor Insurers’ Bureau; and pre-action Part 36 offers.
8. Part 8 Claims and Petitions
Authors: Sime Stuart
Published: August 2018

This chapter discusses Part 8 claims and petitions, which are forms of originating process. Most types of proceedings which have to be brought by either Part 8 claim form or petition are very narrow and specialized, but some are of great importance. The most important types of proceedings which must be commenced by petition are those for divorce, judicial separation, bankruptcy, and the winding-up of companies.
10. Alternative Dispute Resolution
Authors: Sime Stuart
Published: August 2018

Alternative dispute resolution (ADR), particularly mediation, plays a key role in reducing the costs of civil disputes by fomenting the early settlement of cases. This chapter discusses ADR processes; advantages or disadvantages of ADR and litigation; the cost of ADR; reference to ADR; and court involvement in ADR. Adjudicative ADR results in the third party neutral deciding the dispute or difference between the parties. Non-adjudicative ADR processes involve moving the parties towards reaching a compromise agreement between themselves. Rules of court require parties to consider using ADR. Sanctions may be imposed on parties who act unreasonably.
11. Service Outside the Jurisdiction
Authors: Sime Stuart
Published: August 2018

This chapter deals with jurisdiction in England and Wales. Proceedings generally have to be served within the jurisdiction. There always has to be a sound basis before proceedings can be served outside the jurisdiction. Where the defendant is domiciled in the EU, the general rule is that they must be sued in the country where they are domiciled. If jurisdiction can be established against an EU defendant: (a) the claimant can choose whether to sue in England or in the defendant’s country of domicile; and (b) English proceedings may be served without permission. If jurisdiction can be established against a defendant who is outside the EU under the CPR, r 6.36 and PD 6B, para 3.1, proceedings can be served outside the jurisdiction only with the permission of the court. The times for responding to claims served outside the jurisdiction are extended.
14. Statements of Case
Authors: Sime Stuart
Published: August 2018

Statements of case are formal documents used in litigation to define what each party says about the case. This chapter discusses forms of statements of case; particulars of claim defence; counterclaims and set-offs; reply and defence to counterclaim; subsequent statements of case; dispensing with statements of case; Scott schedules; interrelation with case management; and use of statements of case at trial.
16. Costs Management
Authors: Sime Stuart
Published: August 2018

Costs management refers to the procedures used by the courts to manage the steps to be taken in civil proceedings while also managing the costs to be incurred by the parties in taking those steps to ensure that litigation is conducted at proportionate cost. This chapter discusses the elements of costs management; cases governed by costs management; costs management orders; costs budgets and case management; judicial control of costs budgets; and impact on costs orders.
17. Costs Capping and Protection
Authors: Sime Stuart
Published: August 2018

Costs capping orders limit the amount of costs a party may be ordered to pay to its opponent. This chapter will consider the general rules governing costs capping in CPR, Part 3. When it comes into force, there will be a parallel statutory costs capping scheme for judicial review claims in the Criminal Justice and Courts Act 2015, ss 88 and 89. In addition, there are a number of judge-made costs protection orders, namely: Beddoe orders; protective costs orders; Aarhus Convention cases; and costs limitation orders.
18. Requests for Further Information
Authors: Sime Stuart
Published: August 2018

A party may sometimes take the view that the statement of case provided by the other side is not as clear as it should be, or fails to set out the other side’s case with the precision that would be expected. In such cases a request may be made for further information about the facts on which the other side’s case is based. This chapter discusses the rules on requests for further information; the response; objecting to requests; orders for responses; requests in freezing injunctions; and collateral use.
20. Additional Claims under Part 20
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules for additional claims under Part 20 of the Civil Procedure Rules 1998 (CPR). An additional claim typically will seek to pass any liability established against the defendant to a third party. This is achieved by seeking indemnities, contributions, or related remedies against the third party. A third party may in turn seek to pass on its liability to a fourth party, and so on. Permission to issue an additional claim is not required if the additional claim is issued before or at the same time as the defendant files its defence. An additional claim operates as a separate claim within the original claim.
22. Amendment
Authors: Sime Stuart
Published: August 2018

Changes in the parties’ knowledge of a case as it progresses and straightforward drafting errors make it necessary on occasion to make amendments to the statements of case. This chapter discusses amendment by consent; amendment without permission; principles governing permission to amend; amendment after the expiry of the limitation period; and procedure on amending.
23. Interim Applications
Authors: Sime Stuart
Published: August 2018

An order is a formal decision by the court granting a remedy or relief to a party, usually in the stages before the final determination of a case. Interim orders are sometimes made after the substantive hearing of a claim, and sometimes the relief granted at trial includes various types of orders. This chapter discusses pre-action interim remedies; obligation to apply early; applications with and without notice; interim hearings; summary determination of interim costs; and varying or revoking interim orders.
25. Interim Payments
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules on interim payments. An order for interim payment is an order for payment of a sum of money by a defendant on account of any damages, debt, or other sum which the court may hold the defendant liable to pay. Such orders are likely to be made in claims where it appears that the claimant will achieve at least some success, and where it would be unjust to delay, until after the trial, payment of the money to which the claimant appears to be entitled. The amount ordered must not exceed a reasonable proportion of the likely final award taking into account any counterclaim and contributory negligence.
26. Security for Costs
Authors: Sime Stuart
Published: August 2018

The question of who pays for the costs of a claim is generally not determined until the claim is finally disposed of, whether by consent, interim process, or trial. However, an order for security for costs can be made against a party in the position of a claimant. Once security is given it may be retained, subject to the court’s discretion, pending an appeal. An order for security for costs usually requires the claimant to pay money into court as security for the payment of any costs order that may eventually be made in favour of the defendant, and staying the claim until the security is provided. On the application three issues arise: (a) whether one of the conditions for ordering security for costs is satisfied; (b) if so, whether, having regard to all the circumstances of the case, it would be just to exercise the court’s discretion in favour of making the order; and (c) if so, how much security should be provided. This chapter considers each of these three issues. It begins by looking at the procedure for making the application and the capacity of the respondent to the application.
27. Small Claims Track
Authors: Sime Stuart
Published: August 2018

The Civil Procedure Rules 1998 (CPR) provide for the allocation of claims with a limited financial value to what is known as the small claims track. This is intended to provide a streamlined procedure with limited pre-trial preparation, with very restricted rules on the recovery of costs from the losing party, and without the strict rules of evidence. It is appropriate for the most straightforward types of cases, such as consumer disputes, accident claims where the injuries suffered are not very serious, disputes about the ownership of goods, and landlord and tenant cases other than claims for possession. This chapter discusses provisions of the CPR that do not apply; standard and special directions of the court; determination without a hearing; final hearings in small claims track cases; cost restrictions for claims allocated to the small claims track; and rehearings.
33. Hearsay
Authors: Sime Stuart
Published: August 2018

This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.
34. Admissions and Documentary Evidence
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules relating to the proof of admissions and documents at trial. It covers the nature of admissions; pre-action admissions of liability; permission to withdraw an admission; notice to admit facts; and proving documents.
35. Experts
Authors: Sime Stuart
Published: August 2018

This chapter discusses the principles governing the use of expert evidence in civil claims. It covers the admissibility of expert evidence; control of evidence; choice of expert; privileged nature of experts’ reports; disclosure of experts’ reports; written questions to experts; examinations by experts; experts’ immunity from suit; and use of experts’ reports after trial.
37. Sanctions
Authors: Sime Stuart
Published: August 2018

A court can impose sanctions to ensure that its case management directions and orders are complied with, and to retain control over the conduct of litigation. These range from adverse interim costs orders through to striking out the whole or part of the defaulting party’s statement of case. This chapter discusses sanctions for non-compliance with pre-action protocols, with the Civil Procedure Rules 1998 (CPR), and with directions; application for sanctions; non-compliance with an unless order; striking out; less serious immediate sanctions; extending time and correcting errors; and relief from sanctions and setting aside.
45. Norwich Pharmacal and Related Disclosure Orders
Authors: Sime Stuart
Published: August 2018

This chapter considers a number of other special forms of disclosure orders, the best known of which is the Norwich Pharmacal order. Norwich Pharmacal orders are primarily used for finding the identity of an unknown potential defendant. They can only be sought against a person who facilitated and got ‘mixed up’ in the wrongdoing. Norwich Pharmacal orders therefore cannot be made against ‘mere witnesses’. Pre-action disclosure orders bring forward the time when disclosure of documents takes place to the period before a claim is issued. Disclosure against non-parties enables the court to order a witness to produce documents in advance of the trial, thus avoiding adjournments when documents are produced at the last minute at trial.
46. Costs
Authors: Sime Stuart
Published: August 2018

This chapter focuses on legal costs. It discusses the two main principles for deciding which party should pay the costs of an application or of the whole proceedings; the rule that costs follow the event; range of possible costs orders; interim costs orders; indemnity principle; basis of quantification; proportionality; summary and detailed assessments; fast track fixed costs; fixed and scale costs; costs and track allocation; publicly funded litigants; pro bono costs orders; costs against non-parties; and wasted costs orders.
49. Judicial Review
Authors: Sime Stuart
Published: August 2018

This chapter discusses the rules for judicial review. Judicial review lies against public bodies and must be brought by a person with a sufficient interest. There are six remedies available on applications for judicial review (quashing order, mandatory orders, prohibitory order, declaration, injunction, and money awards). Before commencing judicial review proceedings, a claimant should comply with the judicial review pre-action protocol. Permission must be sought to proceed with a claim for judicial review. Defendants must be served with the judicial review claim form, and unless they acknowledge service they cannot appear at the permission hearing unless the court allows them to attend.
50. Appeals
Authors: Sime Stuart
Published: August 2018

This chapter considers the structure of non-family civil appeals. It covers routes of appeal; permission to appeal; time for appealing; procedure on appealing; respondent’s notice; applications within appeals stay; striking out appeal notices and setting aside or imposing conditions; hearing of appeals; appeal court’s powers; appeals by way of case stated; and appeals to the Supreme Court.
5. Bank Supervision in Practice: The Case of the UK and of the European Banking Union
Authors: Cranston Ross , Avgouleas Emilios , van Zweiten Kristin , van Sante Theodor , Hare Christoper
Published: August 2018

This chapter discusses banking supervision in practice. It focuses on two jurisdictions: the UK and the European Banking Union (EBU), and considers in particular the type of powers enjoyed by the UK and EBU regulators, and the way they exercise them in their supervisory approaches. In the process the chapter highlights loopholes in the respective regimes and to some extent evaluates their effectiveness. On 1 April 2013 the Financial Services Act 2012 came into force, removing the Financial Services Authority and delivering a new regulatory structure for the UK, which comprises the Prudential Regulation Authority responsible for microprudential regulation and supervision of banks, building societies, and investment firms; and the Financial Conduct Authority, in addition to a financial stability (macroprudential) body within the Bank of England, the Financial Policy Committee. The EBU brought about the centralization of bank supervision and resolution within the Eurozone. The trigger for the establishment of the EBU was the Eurozone debt crisis.
7. The Bank–Customer Relationship
Authors: Cranston Ross , Avgouleas Emilios , van Zweiten Kristin , van Sante Theodor , Hare Christoper
Published: August 2018

This chapter focuses on the customer and the services which banks offer to customers. It begins by filling in some of the details about the customers of banks and modern banking services. In this context it gives attention to how the relationship between banks and their customers may be characterized as a matter of law. Contract emerges from this as the overarching feature of the relationship; thus, the second and third sections of the chapter discuss banking contracts and their regulation. The final section turns to a specific banking service, the taking of deposits. Historically this has been the core banking service, and deposit-taking has been central to any definition of banking.
8. Bank Networks
Authors: Cranston Ross , Avgouleas Emilios , van Zweiten Kristin , van Sante Theodor , Hare Christoper
Published: August 2018

This chapter considers the relationship which banks have with other banks. The discussion revolves around legal impact and legal consequences, in this case of the various types of inter-bank relationships. It shows that in some cases, banks become the customers of other banks. Some of the issues discussed in the chapter lay the foundation for some of the later chapters, notably that on payment and lending. These relationships between banks are primarily contractual in nature; the concept of the network usefully encapsulates the scope of the discussion. The chapter covers correspondent banking, inter-bank markets and contracts, exchange markets and payment systems, and bank syndicates.
10. Advisory and Transactional Liability
Authors: Cranston Ross , Avgouleas Emilios , van Zweiten Kristin , van Sante Theodor , Hare Christoper
Published: August 2018

The chapter first discusses the general principles governing a bank's liability. One way to approach the topic involves a consideration of the relevant doctrines whereby banks can incur liability. Section I selects just a few such doctrines. Another approach considers the various factual matters which feed into legal decisions about bank liability. The same factors recur across different legal doctrines: indeed, they arise for consideration in other systems of law. This is the focus of Section II. Section III considers advisory liability, which can arise in two ways: a failure to advise where the law imposes a duty to do so, and a failure to advise adequately when a bank assumes the task of advising a customer or third party. Section IV turns to the English law doctrines which have a particular application to transactions involving those the law regards as vulnerable. The final section deals with ‘lender liability’.
Transfer to Characteristic Zero of the Jacquet–Mao’s Metaplectic Fundamental Lemma
Authors: Do Viet Cuong
Published: August 2018

Jacquet conjectured that globally a cuspidal automorphic representation of $\mathrm{G}\mathrm{L}_r$ should be in the image of the metaplectic correspondence precisely when it is distinguished with respect to a split orthogonal similitude group. Jacquet–Mao have suggested an approach to solve this problem by using “relative” traces formula. One of the steps of this approach is the Jacquet–Mao’s metaplectic fundamental lemma. The author proved this fundamental lemma for any $r$ in the case of positive characteristic. The aim of this paper is to extend this result to the more general case.
Androgen Receptor Expression and Breast Cancer Survival: Results From the Nurses’ Health Studies
Authors: Kensler Kevin H , Poole Elizabeth M , Heng Yujing J , Collins Laura C , Glass Benjamin , Beck Andrew H , Hazra Aditi , Rosner Bernard A , Eliassen A Heather , Hankinson Susan E , Winer Eric P , Brown Myles , Tamimi Rulla M
Published: August 2018

Background

Hormone receptor signaling is critical in the progression of breast cancers, although the role of the androgen receptor (AR) remains unclear, particularly for estrogen receptor (ER)–negative tumors. This study assessed AR protein expression as a prognostic marker for breast cancer mortality.

Methods

This study included 4147 pre- and postmenopausal women with invasive breast cancer from the Nurses’ Health Study (diagnosed 1976–2008) and Nurses’ Health Study II (1989–2008) cohorts. AR protein expression was evaluated by immunohistochemistry and scored through pathologist review and as a digitally quantified continuous measure. Hazard ratios (HR) and 95% confidence intervals (CI) of breast cancer mortality were estimated from Cox proportional hazards models, adjusting for patient, tumor, and treatment covariates.

Results

Over a median 16.5 years of follow-up, there were 806 deaths due to breast cancer. In the 7 years following diagnosis, AR expression was associated with a 27% reduction in breast cancer mortality overall (multivariable HR = 0.73, 95% CI = 0.58 to 0.91) a 47% reduction for ER+ cancers (HR = 0.53, 95% CI = 0.41 to 0.69), and a 62% increase for ER− cancers (HR = 1.62, 95% CI = 1.18 to 2.22) (P heterogeneity < .001). A log-linear association was observed between AR expression and breast cancer mortality among ER− cancers (HR = 1.14, 95% CI = 1.02 to 1.26 per each 10% increase in AR), although no log-linear association was observed among ER+ cancers.

Conclusions

AR expression was associated with improved prognosis in ER+ tumors and worse prognosis in ER− tumors in the first 5–10 years postdiagnosis. These findings support the continued evaluation of AR-targeted therapies for AR+/ER− breast cancers.
The Wearable Cardioverter Defibrillator: A Case Study Illustrating Physical Therapy Implications and Management in the Inpatient Setting
Authors: Perillo Lauren , Sweeney Greg
Published: August 2018

Background and Purpose

Sudden cardiac death causes an estimated 200,000 to 450,000 deaths per year in the USA. Although permanent implantation of an internal cardiac defibrillator offers a preventive intervention, the required assessment period for determining need creates vulnerability for patients who will benefit from this protection. The use of a wearable cardioverter defibrillator (WCD) for interim protection is rapidly increasing. There are no rehabilitation guidelines for patients wearing a WCD. This article reviews the WCD’s purpose, considers implications and current challenges for use during rehabilitation, and illustrates this with a case report.

Case Description

A 51-year-old male with coronary artery disease following prolonged hospitalization was fitted with a WCD during evaluation for an internal cardiac defibrillator. During inpatient rehabilitation, the therapy plan required unique considerations because of the presence of the WCD.

Outcomes

Recapitulating the patient's rehabilitation course illustrates the WCD’s challenges, the benefits to exercise progression, and the safety measures used. The patient gained functional independence, with uninterrupted care, in the presence of the WCD.

Discussion

Knowledgeable clinicians, attention to safety, and sufficient patient/caregiver education are essential for uninterrupted and successful rehabilitative care for WCD-wearing patients. Because of increasing clinical prevalence of WCDs in rehabilitation, it is critically important to share clinical experience and eventually conduct a systematic assessment.
Occupational silica exposure and mortality from lung cancer and nonmalignant respiratory disease
Authors: Picciotto Sally , Neophytou Andreas M. , Brown Daniel M. , Checkoway Harvey , Eisen Ellen A. , Costello Sadie
Published: August 2018

Background:

Occupational exposure to crystalline silica is known to increase risks of both lung cancer and noninfectious nonmalignant respiratory diseases (NMRD). However, associations between silica exposure and survival times have not been described.

Methods:

In a longitudinal cohort of diatomaceous earth workers exposed to crystalline silica (primarily cristobalite) and followed from 1942 to 2011, we applied g-estimation of structural nested accelerated failure time models to adjust for time-varying confounding that could result in healthy worker survivor bias. A continuous measure of exposure was used in analyses estimating the hypothetical effect of banning exposure to silica on survival time. Since a ban is infeasible, sensitivity analyses examined the hypothetical effects of enforcing various Occupational Exposure Limits.

Results:

The estimated median number of years of life lost per worker (for all natural causes) due to silica exposure was 0.48 (95% confidence interval = 0.02, 1.01). For NMRD deaths, the corresponding estimate was 3.22 (0.82, 7.75) and for lung cancer deaths, 2.21 (0.97, 3.56). Cause-specific estimates were sensitive to the use of weights to adjust for competing events. Lung cancer mortality, which tended to occur at younger ages, was an important competing event for NMRD mortality. Sensitivity analyses supported the main results, but with larger estimates, and suggested that a strict limit would be nearly as effective as a complete ban on silica exposure.

Conclusions:

Workplace exposure to crystalline silica in this industry appears to shorten survival times significantly, particularly for those who die of lung cancer or NMRD. More stringent exposure limits are probably warranted.
Measuring Dynamic Symptom Response in Concussion: Children's Exertional Effects Rating Scale
Authors: Sady Maegan D. , Vaughan Christopher G. , Gioia Gerard A.
Published: August 2018

Objective:

To introduce and evaluate a measure of momentary symptom response to cognitive activity, a core feature of concussion.

Setting:

Concussion clinic at a large regional children's hospital.

Participants:

Individuals aged 5 to 18 years, comprising 3 clinical groups: uninjured (n= 590), recently concussed but clinically recovered (n= 160), and recently concussed but not yet recovered (n= 570).

Design:

Participants completed pretest symptom ratings, underwent neurocognitive assessment and completion of questionnaires, and then completed posttest ratings. An exertional effects index was computed by subtracting pretest from posttest ratings.

Main Measures:

Children's Exertional Effects Rating Scale, which includes 4 symptoms (Headache, Fatigue, Concentration Problems, and Irritability) rated pre- and postactivity.

Results:

Children's Exertional Effects Rating Scale was found to have adequate reliability and validity. There were negligible differences in ratings (pretest and exertional effects) between the Uninjured and Recovered groups, while individuals who were Not Recovered rated higher levels of pretest and exertional effects. Base rates showed that an exertional effects index of 4 or more points is rare in individuals who do not have a current concussion.

Conclusion:

Children's Exertional Effects Rating Scale is a psychometrically sound scale for evaluating momentary symptom increase in response to cognitive activity. Clinicians can use this scale as part of a multimodal battery for concussion assessment and treatment.
The Effect of Antidepressants on Depression After Traumatic Brain Injury: A Meta-analysis
Authors: Kreitzer Natalie , Ancona Rachel , McCullumsmith Cheryl , Kurowski Brad G. , Foreman Brandon , Ngwenya Laura B. , Adeoye Opeolu
Published: August 2018

Objective:

Following traumatic brain injury (TBI), depressive symptoms are common and may influence recovery. We performed a meta-analysis to estimate the benefit of antidepressants following TBI and compare the estimated effects between antidepressants and placebo.

Participants:

Multiple databases were searched to find prospective pharmacological treatment studies of major depressive disorder (MDD) in adults following TBI.

Main Measures:

Effect sizes for antidepressant medications in patients with TBI were calculated for within-subjects designs that examined change from baseline after receiving medical treatment and treatment/placebo designs that examined the differences between the antidepressants and placebo groups.

Design:

A random-effects model was used for both analyses.

Results:

Of 1028 titles screened, 11 were included. Pooled estimates showed nonsignificant difference in reduction of depression scores between medications and placebo (standardized mean difference of 5 trials = −0.3; 95% CI, −0.6 to 0.0; I
2 = 17%), and a significant reduction in depression scores for individuals after pharmacotherapy (mean change = −11.2; 95% CI, −14.7 to −7.6 on the Hamilton Depression Scale; I
2 = 87%).

Conclusions:

This meta-analysis found no significant benefit of antidepressant over placebo in the treatment of MDD following TBI. Pooled estimates showed a high degree of bias and heterogeneity. Prospective studies on the impact of antidepressants in well-defined cohorts of TBI patients are warranted.