bluuebunny/crossref_metadata_2025 huggingface dataset:
Dishonesty (General Principles)
Authors: Hamer Kenneth
Published: March 2021

In this important case, the Supreme Court departed from the long-established test for dishonesty in R v. Ghosh [1982] QB 1053 and applied to professional conduct proceedings in Twinsecta Ltd v. Yardley [2002] 2 AC 164—namely: (1) was what the defendant did dishonest by the ordinary standards of reasonable and honest people (the objective test to be judged by the fact-finder); and (2) must the defendant themselves have realized that what they were doing would be regarded as dishonest by those standards (the subjective test)? The new test propounded by the Supreme Court (Baroness Hale of Richmond PSC, Lord Kerr of Tonaghmore, Lord Hughes JJSC, Lord Neuberger of Abbotsbury, Lord Thomas of Cwmgiedd), at [74], is summarized in the headnote in the Weekly Law Report.
Independent and Impartial Tribunal
Authors: Hamer Kenneth
Published: March 2021

N, a professor and consultant in obstetrics of international repute, appeared before the Professional Conduct Committee (PCC) of the General Medical Council (GMC) in May 1998. The charge was dismissed, but, in the course of N’s evidence on oath, it was alleged that he lied to the Committee. The matter was referred to the Crown Prosecution Service (CPS), which decided that there was insufficient evidence for a realistic prospect of conviction of perjury. However, a second disciplinary hearing took place with a different panel in November/December 2000. The second panel found that N had given a patently incorrect answer under oath and that he was guilty of serious professional misconduct; the panel issued what it described as the severest of reprimands.
Interim Orders (Extension of)
Authors: Hamer Kenneth
Published: March 2021

On application by the regulator, the court is entrusted with the power to extend, or to further extend, an interim order made by a fitness to practise tribunal or committee.
Joinder
Authors: Hamer Kenneth
Published: March 2021

General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules 2010, rules 27 (joinder of allegations for a joint hearing) and 28 (if the particulars of the allegation relate to more than one category of impairment of fitness to practise and those particulars include a conviction or caution, the chair must ensure that the committee makes its findings of facts in relation to the allegations that do not relate to the conviction or caution before it hears and makes its findings of fact in relation to the conviction or caution)
Legitimate Expectation
Authors: Hamer Kenneth
Published: March 2021

The registrant was the owner of a nursing and residential home in Redruth, Cornwall, and, between August 1996 and April 1997, she allowed her registration with the UK Central Council for Nursing, Midwifery and Health Visiting (UKCC) to lapse. This was potentially a disciplinary offence, but, on 27 June 1997, the Preliminary Proceedings Committee (PPC) wrote to B-D, confirming that it had considered the allegation of non-registration and decided not to act upon it. The letter also indicated that all documentation relating to the matter would be destroyed. Subsequently, six charges of complaint were made, which included a charge that B-D had failed to be registered. In quashing the charge, Elias J (with whom Rose LJ agreed) said that, quite independently of the question of legitimate expectation, once the Committee had made its ruling and had determined that there should be no further action taken in respect of the charge, then, unless there was some misrepresentation or unless it was acting under some fundamental misconception of the true position, the Committee was bound by that determination.
Misconduct
Authors: Hamer Kenneth
Published: March 2021

The word ‘misconduct’ is not usually defined in legislation. However, reference has been made to the meaning of ‘misconduct’ in the rules of some regulators.
Notification Requirements
Authors: Hamer Kenneth
Published: March 2021

Healthcare regulators are normally required, as soon as reasonably practicable after an allegation is received or referred to an investigating committee relating to a practitioner’s fitness to practise, to notify third parties such as the Secretary of State, the Department of Health, and any person in the United Kingdom by whom the practitioner is employed to provide services or with whom the practitioner has an arrangement to do so.
Proportionality
Authors: Hamer Kenneth
Published: March 2021

Proportionality is part of the legal framework of all regulators, particularly at the stages of interim orders and sanction. Proportionality is expressly referred to when considering sanction in the Chartered Institute of Management Accountants, Disciplinary Committee Rules 2015, rule 24(7) (in deciding what sanctions are to be imposed, the panel shall take into account the issue of proportionality). The fitness to practise rules of other bodies may state that the committee shall have regard to any sanctions guidance issued by the regulator: see, for example, General Pharmaceutical Council (Fitness to Practise and Disqualification etc) Rules 2010, rule 31(14), and Bar Standards Board, Disciplinary Tribunals Regulations 2017, rE204. The guidance itself will often say that the panel should make sure that any sanction it imposes is appropriate and proportionate, based on the individual facts of the case, and is in the public interest.
Publication and Anonymity
Authors: Hamer Kenneth
Published: March 2021

Financial Services and Markets Act 2000, section 391 (the Financial Conduct Authority may not publish a warning notice, but, on giving a decision or final notice, must publish such information about the matter to which the notice relates as it considers appropriate unless publication of the information would be unfair to the person concerned, or prejudicial to the interests of consumers, or detrimental to the stability of the UK financial system)
Reprimand
Authors: Hamer Kenneth
Published: March 2021

The rules of a number of regulatory bodies provide for the imposition of a reprimand or admonishment if the committee or tribunal is satisfied that the allegation is well founded.
Voluntary Erasure
Authors: Hamer Kenneth
Published: March 2021

The claimant was a retired medical practitioner and sought judicial review to challenge the decision of the Professional Conduct Committee (PCC) of the General Medical Council (GMC) in the course of a preliminary hearing to refuse his application for voluntary erasure from the medical register. Had he been allowed to erase his name voluntarily, the proceedings would have been stayed. The complaint against the claimant related to five patients during his performance as a doctor. It was alleged that the claimant made specific and individual errors, and that the standards of his work were so low, and the errors so gross, that they amounted to serious professional misconduct.
Words and Phrases
Authors: Hamer Kenneth
Published: March 2021

‘a statement made by any person … shall not be admissible in any subsequent criminal, civil or disciplinary proceedings’
The Statutory Provisions Relating to Payment
Authors: Coulson The Rt Hon. Lord Justice
Published: March 2021

At the heart of these provisions is the attempt to ensure that every construction contract contains a transparent and straightforward mechanism for the payment to the contractor of interim payments on account (sometimes called instalments or progress payments). In addition it recognizes that, although there will inevitably be a period between the date on which a payment becomes due, and the final date on which that sum must be paid, it imposes an obligation on the payer to notify the payee well in advance of the final date for payment how much is going to be paid and how that sum has been calculated.
Decisions Open to Appeal
Authors: Naômé Caroline
Published: March 2021

This chapter describes the decisions of the General Court (GCEU) that are open to appeal before the Court of Justice (ECJ) and the different types of appeal that can be identified. Besides the ordinary appeal, it is possible to bring an appeal against decisions refusing leave to intervene or interlocutory decisions (suspension of application or of enforcement, interim measures). The cross-appeal is a judicial creation. Appeals relating solely to the costs of the procedure are inadmissible.
Appraisal of the Current Situation and Future Prospects
Authors: Naômé Caroline
Published: March 2021

This chapter describes the characteristics of the ECJ appeal system, distinguishing it from comparable judicial remedies in national legal systems. One distinguishing feature is that it is a new remedy, created with a few rules that were not always clear. Lawyers working for the Court or pleading before it are not specialised in appeals and are influenced by national laws. Referral of a case back to the same judges as those who decided the quashed judgment is a possibility absent in many national systems. Judgments of the EU Courts have a specific style and content. The interpretation of EU law seems sometimes more important than a limited resolution of a dispute. The second section recalls the objectives underlying the creation of the Court of First Instance (General Court/GCEU) and assesses whether those objectives have been met as regards the ECJ’s caseload and the judicial protection of individuals.
Article 4(18). Enterprise
Authors: Bygrave Lee A , Tosoni Luca
Published: March 2021

Article 4(19) (Definition of ‘group of undertakings’) (see also recital 37); Article 4(20) (Definition of ‘binding corporate rules’); Article 30(5) (Records of processing activities) (see too recital 13); Article 40(1) (Codes of conduct) (see too recital 98); Article 42(1) (Certification); Article 47 (Binding corporate rules) (see too recital 110); Article 83(4)–(6) (General conditions for imposing administrative fines) (see too recital 150); Article 88(2) (Processing in the context of employment).
Article 4(25). Information society service
Authors: Tosoni Luca
Published: March 2021

Article 2(4) (Material scope) (see too recital 21); Article 8 (Conditions applicable to child’s consent in relation to information society services) (see too recital 38); Article 17(1)(f) (Right to erasure) (see too recital 65); Article 21(5) (Right to object) (see too recitals 69–70).
Article 15 Right of access by the data subject
Authors: Zanfir-Fortuna Gabriela
Published: March 2021

Article 5(1) (Principles of fairness, lawfulness and transparency) (see too recital 39); Article 11 (Processing which does not require identification) (see too recital 57); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject) (see too recitals 58–59); Article 13 (Information to be provided where personal data are collected from the data subject) (see too recital 60); Article 14 (Information to be provided where personal data have not been obtained from the data subject); Article 23 (Restrictions) (see too recital 73).
Article 19 Notification obligation regarding rectification or erasure of personal data or restriction of processing
Authors: Fuster Gloria González
Published: March 2021

Article 4(9) (Definition of ‘recipient’); Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject); Article 16 (Right to rectification), Article 17(1) (Right to erasure (‘right to be forgotten’)); Article 18 (Right to restriction of processing); Article 58(2)(g) (Powers of supervisory authorities); Article 89(3) (Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes).
Article 20 Right to data portability
Authors: Lynskey Orla
Published: March 2021

Recital 68; Article 6 (Lawfulness of processing); Article 9 (Processing of special categories of personal data); Article 13 (Information to be provided when the personal data are collected from the data subject) (see too recitals 61–62); Article 14 (Information to be provided when the personal data have not been obtained from the data subject); Article 23 (Restrictions) (see further recital 73).
Article 24 Responsibility of the controller
Authors: Docksey Christopher
Published: March 2021

Article 5 (Principles relating to processing of personal data) (see too recital 39); Article 25 (Data protection by design and by default) (see too recital 78); Article 30 (Records of processing activities) (see too recital 82); Article 32 (Security of processing) (see too recital 83); Article 35 (Data protection impact assessment) (see too recitals 84 and 89–93); Articles 37–39 (Data protection officer) (see too recital 97); Articles 40–41 (Codes of conduct) (see too recitals 98–99); Articles 42–43 (Certification) (see too recital 100); Article 47 (Binding corporate rules) (see also recitals 108 and 110); Article 83 (General conditions for imposing administrative fines) (see too recitals 148 and 150–151).
Article 53 General conditions for the members of the supervisory authority
Authors: Hijmans Hielke
Published: March 2021

Article 4(21) (Definition of a supervisory authority); Article 51 (Establishment of supervisory authorities) (see too recital 117); Article 52 (Independence of supervisory authorities) (see too recitals 118–120); Article 54 (Rules on the establishment of supervisory authorities); Article 68 (European Data Protection Board) (see too recital 139).
Article 54 Rules on the establishment of the supervisory authority
Authors: Hijmans Hielke
Published: March 2021

Article 4(21) (Definition of a supervisory authority); Article 38 (Position of the data protection officer); Article 51 (Establishment of supervisory authorities); Article 52 (Independence of supervisory authorities) (see too recitals 118–120); Article 53 (General conditions for the members of supervisory authorities); Article 76 (EDPB Confidentiality).
Article 56 Competence of the lead supervisory authority
Authors: Hijmans Hielke
Published: March 2021

Article 4(16) (Definition of ‘main establishment’); Article 4(22) (Definition of ‘supervisory authority concerned’); Article 4(23) (Definition of ‘cross-border processing’); Article 57 (Tasks of supervisory authorities) (see too recitals 122–123 and 132–133); Article 58 (Powers of supervisory authorities) (see too recital 129); Article 59 (Activity reports); Articles 60–67 (Cooperation and Consistency) (see also recitals 126 and 130–138).
Article 62 Joint operations of supervisory authorities
Authors: Blume Peter
Published: March 2021

Article 50 (International cooperation for the protection of personal data); Article 56 (Competence of lead supervisory authority) (see too recitals 124–128); Article 57(1)(g) (Tasks of supervisory authorities); Article 60 (Cooperation between lead supervisory authority and supervisory authorities concerned) (see too recitals 130–31); Article 61 (Mutual assistance) (see too recitals 123 and 133).
Article 71 Reports
Authors: Docksey Christopher
Published: March 2021

Recital 100; recital 139; Article 42 (Certification); Article 59 (Activity reports of supervisory authorities); Article 68 (European Data Protection Board); Article 70 (Tasks of the Board); Article 97 (European Commission reports on the evaluation and review of the GDPR).
Article 76 Confidentiality
Authors: Docksey Christopher
Published: March 2021

The deliberations of the WP29 were regarded as confidential under Article 11(1) of its Rules of Procedure, which provided that the minutes and any draft documents of the Working Party should be restricted documents, unless the Working Party decided otherwise.
Article 77 Right to lodge a complaint with a supervisory authority
Authors: Kotschy Waltraut
Published: March 2021

Article 52 (Independence of supervisory authorities (see too recital 121); Article 57 (Tasks of supervisory authorities) (see too recital 122); Article 78 (Right to an effective judicial remedy against a supervisory authority) (see too recital 141); Article 79 (Right to an effective judicial remedy against a controller or processor) (see too recital 145); Article 80 (Representation of data subjects) (see too recital 142).
Article 79 Right to an effective judicial remedy against a controller or processor
Authors: Kotschy Waltraut
Published: March 2021

Article 77 (Right to lodge a complaint with a supervisory authority) (see too recital 141); Article 78 (Right to an effective judicial remedy against a supervisory authority); Article 80 (Representation of data subjects) (see too recital 142); Article 81 (Suspension of proceedings) (see too recital 144); Article 82 (Right to compensation and liability) (see too recital 146); Article 83(8) (Safeguards for imposing administrative fines) (see too recital 148).
Article 85 Processing and freedom of expression and information
Authors: Herke Kranenborg
Published: March 2021

Member States shall by law reconcile the right to the protection of personal data pursuant to this Regulation with the right to freedom of expression and information, including processing for journalistic purposes and the purposes of academic, artistic or literary expression.
Article 98 Review of other Union legal acts on data protection
Authors: Tosoni Luca
Published: March 2021

The Commission shall, if appropriate, submit legislative proposals with a view to amending other Union legal acts on the protection of personal data, in order to ensure uniform and consistent protection of natural persons with regard to processing. This shall in particular concern the rules relating to the protection of natural persons with regard to processing by Union institutions, bodies, offices and agencies and on the free movement of such data.
Open Method of Coordination
Authors: Craig Paul
Published: March 2021

The preceding chapters have dealt with various methods of policy delivery in the EU, including centralized administration, shared administration, Comitology, and agencies. These methods differ, but they all are primarily based on traditional forms of EU law—regulations, directives, and decisions. This chapter deals with a rather different method of policy delivery, the Open Method of Coordination.
Matrimonial Disputes
Authors: Meek Alison , Mason Beth
Published: March 2021

Following Marinos v Marinos in family disputes the courts apply the European rather than the domestic law definition of habitual residence and consider a party’s habitual residence to be the place where that person has established on a fixed basis her permanent or habitual centre of interest, with all of the relevant factors being taken into account for the purpose of determining such residence.
Succession and Forced Heirship Disputes
Authors: Rosa Andrew De La
Published: March 2021

The expression ‘forced heirship’ is a shorthand often used to refer to those systems of inheritance law that, unlike English common law-based systems, very substantially limit testamentary freedom, specifically by operating to prevent lifetime and/or testamentary dispositions made by the deceased from disinheriting certain family members, either completely or by reducing their interest in the estate below a certain threshold. This is forced heirship in the true sense, which is to be contrasted with the statutory limits on testamentary freedom in England and other common law jurisdictions noted below.
Breach of Trust Claims
Authors: Meadway Susannah
Published: March 2021

A trust instrument will set out the trustee’s powers and duties in relation to the management, administration, and distribution of trust property. Certain further powers and duties may be imposed by statute or have been developed in the common law. Trustees must comply with these duties, and act properly in the exercise (or non-exercise) of their powers. Where they do not comply with their duties, whether because they act in direct contravention of them or because they improperly omit to act at all, they may be held liable for breach of trust. Similarly, where they act in excess of their powers, or in certain cases improperly fail to exercise their powers at all, they may be guilty of a breach of trust. Breaches of trust can therefore be of many different kinds. They may include:
British Virgin Islands
Authors: di Iorio Arabella
Published: March 2021

The legal system of the British Virgin Islands is a common law system based on the English model, comprising statute law and binding case precedents. The principles of English common law and equity apply in the BVI (subject to modification by BVI statutes) pursuant to the Common Law (Declaration of Application) Act (Cap 13) and the Eastern Caribbean Supreme Court (Virgin Islands) Act (Cap 80) respectively. The general principles of trust law are based on English law.
New Zealand
Authors: Butler Andrew , Walker Nathaniel
Published: March 2021

New Zealand is a common law jurisdiction with a strong domestic and offshore trust industry. New Zealand trust law is a mixture of common law, with statutory overlay provided by the general Trustee Act 1956 (‘Trustee Act’), and more specialist provision made for particular types of trusts through statutes such as the Māori Land Act 1993 and the Charitable Trusts Act 1957. A substantial body of New Zealand case law exists on most aspects of trusts law due to the extensive use of trusts in New Zealand to hold family and business assets. There is also a specialist law report series, the New Zealand Trusts Reports.
Proxies and Corporate Representatives
Authors: Kosmin Leslie , Roberts Catherine
Published: March 2021

An individual shareholder may attend a company meeting either in person or by proxy. A corporation, whether a company within the meaning of CA 2006 or otherwise, may attend a meeting by its duly appointed corporate representative or by proxy. The purpose of this chapter is to examine the law on the appointment of proxies and corporate representatives and to consider the rights and powers which they possess. CA 2006 has extended the right of proxies in respect of both public and private companies. Members of public and private companies have the right to appoint more than one proxy and all lawfully appointed proxies can attend, speak and vote at general meetings both on a show of hands and on a poll. The statutory provisions referred to in this chapter were amended in part by the Companies (Shareholders’ Rights) Regulations 2009 with effect from 3 August 2009. Fortunately, as will be seen below, the opportunity afforded by this new legislation was taken to amend some of the drafting in the original statute which was difficult to apply and was the subject of criticism in the first edition of this book. It should be borne in mind that voting by proxy
Written Resolutions of Private Companies
Authors: Kosmin Leslie , Roberts Catherine
Published: March 2021

The important subject of written resolutions of private companies is dealt with in CA 2006, Part 13, Chapter 2, which comprises ss 288–300. These individual sections are commented on in detail in Part 3 of this book. These provisions mark a considerable extension of the statutory code previously contained in CA 1985, ss 381A–381C and Sch 15A. These latter provisions were incorporated into CA 1985 by CA 1989 with effect from 1 April 1990. The use of written resolutions is intended to enable private companies to avoid the formalities associated with convening a general meeting of shareholders.
Commentary on the Companies Act 2006 Model Articles
Authors: Kosmin Leslie , Roberts Catherine
Published: March 2021

Under CA 2006, s 19 the Secretary of State has power to prescribe standard form articles of association for companies and different model articles may be prescribed for different descriptions of companies. Provision is made for private companies limited by shares, private companies limited by guarantee and public companies. They are contained in Schedules 1 to 3 of the Companies (Model Articles) Regulations 2008. It is not compulsory for companies to adopt all or any of the provisions that are contained in the model articles, and in certain situations there is much to be said for having articles that are drafted to meet the particular requirements of individual companies.
Understanding the Real Problem of Fakes in Africa
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Africa is rising: its growing middle and upper class represent an untapped, dynamic, fast-moving, and competitive market that businesses can scarcely ignore. Household consumption in Africa has increased faster than the continent’s gross domestic product (GDP), which itself has consistently outpaced the global average. Consumer expenditure is growing at a compound annual rate of 3.9 per cent since 2010, from US$1.4 trillion in 2015 to an expected $2.5 trillion by 2030. If one adds the importance of brand recognition to African buyers, the young and growing population, the rapid urbanization, and the spread of Internet and mobile phones on the continent, Africa’s emerging economies present exciting opportunities for rights holders.
OAPI
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

On 13 September 1962 in Libreville, Gabon, twelve Heads of State and Government adhered to the Agreement on the creation of the African and Malagasy Office of Industrial Property (OMAPI). The departure of Madagascar, the attribution of new competences in the area of copyright, and the need to interlink intellectual property with development soon created a need for a revised agreement. This led to the revision of the agreement in Bangui, Central African Republic on 2 March 1977 and to the creation of the African Intellectual Property Organization (OAPI, an acronym of Organisation Africaine de la Propriété Intellectuelle). A new revision of the agreement took place on 24 February 1999 to ensure the conformity of the agreement to the dispositions of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), to which all the Member States are party. This new agreement entered into force on 28 February 2002. Today the OAPI has seventeen Member States and represents more than 100 million inhabitants.
Burundi
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Burundi is a landlocked country in the Great Lakes region where East and Central Africa meet. It is wedged between Tanzania, the Democratic Republic of the Congo (DRC), and Rwanda. It is a small country of 27,834 square kilometres (km) with a population of 10.8 million in 2017, making it the second most densely populated country in Africa. Since February 2019, Burundi has two capitals: Gitega is the political capital of Burundi while Bujumbura is the economic capital. Bujumbura is also the largest city is and hosts the only international airport, the Bujumbura International Airport. The biggest port of the country is situated on the Lake Tanganyika on the north-west side of Bujumbura. The working week is from Monday to Friday and the currency used is the Burundi Franc (BIF).
Cameroon
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Cameroon is found in Central Africa and is bordered by Nigeria, Chad, Central African Republic, Equatorial Guinea, Gabon, and the Republic of Congo. Due to its strategic location, Cameroon is the maritime gateway for commercial goods to the landlocked region of Central Africa (Chad, Central African Republic, and northern Congo). It has an area of 475,442 square kilometres (km) and has a population of 23.4 million inhabitants. Its capital is Yaoundé, but the largest city in terms of population and economic importance is Douala, where the main seaport and the busiest airport of Cameroon, Douala International Airport, are found. The autonomous port of Douala represents 80–85 per cent of the maritime transport of Cameroon and is the largest port in the CEMAC (Economic and Monetary Community of Central Africa). A secondary airport is found in Yaoundé, the Yaoundé Nsimalen International Airport.
Comoros
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Union of Comoros is a sovereign archipelago nation in the Indian Ocean, located at the northern end of the Mozambique Channel. The countries closest to Comoros are Madagascar, Tanzania, and Malawi. Comoros is formed by three major islands, Ngazidja (Grande Comore), Mwali (Mohéli), and Nzwani (Anjouan), and a number of small islets. The island of Mayotte, although geographically part of the Comoros archipelago, voted against independence from France in 1974 and is now a French overseas department to which the laws of the Union of Comoros do not apply. Excluding the island of Mayotte, the Union of Comoros is 1812 square kilometres (km) and has a population of 795,601. The official language of Comoros is Shikomor (commonly called ‘Comorian’), while French and Arabic are the national languages. Shikomor is widely spoken among the population, and French is used for education and within the administration. The currency used is the Comorian franc (KMF).
Eritrea
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Eritrea is located in North-East Africa and includes the Dahlak Archipelago and other islands along the Red Sea coast. It is bordered by Sudan, Djibouti, and the Red Sea, with a coastline of 1,200 kilometres (km) and land size of 117,598 km. The estimated population of Eritrea is 5.7 million. Asmara is the capital and lies on the Eritrean railway and a major road junction. It has an international airport situated just outside Asmara and its port is situated on the Red Sea at Massawa. The largest city in Eritrea is its capital, Asmara, with a population of over 563,000 people. The main business hours are Monday to Thursday between 0800 and 1200, and 1400 until 1800, and on Friday from 0700 until 1130, and 1400 to 1800. Banking hours are 0800 until 1600, with closure between 1100 and 1400, and on Saturdays from 0800 until 2300. The official currency is the Eritrean Nakfa (ERN).
Ethiopia
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Ethiopia is a landlocked country in the north-eastern part of Africa, popularly known as the Horn of Africa, with an area of 1,104 million square kilometres (km). It shares borders with North and South Sudan, Somalia, Djibouti, Eritrea, and Kenya. It has a total population of approximately 110 million (2017), making it the second most populous nation in Africa, second to Nigeria. The capital city and largest city in Ethiopia is Addis Ababa and a population of 3,384,589. Addis Ababa also serves as the headquarters of the African Union (AU), the United Nations Economic Commission for Africa (UNECA), and is home to the country’s main government institutions, departments, and offices, including the Imperial Palace (residence and office of the Prime Minister) and the Ethiopian Parliamentary Building. Government offices are open from 0830 until 1730, with one hour lunch break from 1230 to 1330 on Monday to Thursday, and from 1130 until 1330 on Friday. The Ethiopian Birr (ETB) is the currency.
Liberia
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Liberia is situated in the southern part of West Africa on the North Atlantic Ocean, bordered by Sierra Leone, Guinea, and Ivory Coast, covering an area of 111,369 square kilometres (km) with a population of 4,958,454. The majority of the population live in the Montserrado county and home to the capital city of Monrovia, with approximately 25 per cent of the Liberian population living in greater Monrovia. Monrovia is the capital and most populous city in Liberia and has the largest artificial port in West Africa. Typically, business hours are Monday to Friday from 0800 to 1700 with banks closing at 1500. The official currency of Liberia is the Liberian dollar (LRD).
Niger
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Republic of Niger is a landlocked country found in West Africa. It is bordered by Libya, Chad, Nigeria, Benin, Burkina Faso, Mali, and Algeria. Its location places it in a turbulent region rife with political and religious violence, separatist and armed movements, intercommunal violence, and state collapse. Niger is over 1 million square kilometres (km) making it the largest country in West Africa and sixth largest in Africa. Its population in 2017 was estimated to be 21.5 million. Over 80 per cent of the land area lies in the Sahara Desert. Most people, around three-quarters of the population, live in the southern part of the country (around 12 per cent of the land area) where agriculture is possible. The capital and largest city, Niamey, has over 1 million inhabitants. Other important cities are: Agadez, Arlit, Tillabéry, Dosso, Tahoua, Maradi, Zinder, and Diffa. The population is, however, mainly rural with only 18 per cent of the population living in urban areas. The currency used is the West African franc (CFA). The official language is French and there are ten national languages. Before the courts, French is the admissible written language. Sentences are rendered in French.
South Sudan
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

South Sudan is situated in north-eastern Africa bordered by Sudan, Ethiopia, Central Africa Republic, Democratic Republic of Congo, Uganda, and Kenya. It is 619,745 square kilometres (km) and has a population of 12.58 million. South Sudan gained independence from Sudan on 9 July 2011, making it the most recently recognized independent country. South Sudan, which is officially known as the Republic of South Sudan, comprises the three former southern provinces of Bahr el Ghazal, Equatoria, and Upper Nile in their boundaries as they stood on 1 January 1956 and the Abyei Area, as defined by the Abyei Arbitration Tribunal Award of July 2009. The capital of South Sudan is Juba.
Outcome-thinking
Authors: Susskind Richard
Published: March 2021

I was invited in 2017 to speak about the future to a gathering of some 2,000 neurosurgeons. My opening statement was that patients do not really want neurosurgeons. What they want, I said, is health. For a particular type of health problem, I acknowledged that neurosurgeons are undoubtedly the best solution we have today. But I went on to say that this might not always be so, because fifty years from now, give or take, we will probably look back and think it primitive that we used to cut people’s heads open. I wanted to challenge those present who felt that the future lay only in robotic neurosurgery, because, I said, surgery will surely not be with us in the long run—the health troubles to which neurosurgeons currently devote their energies will in due course be sorted by non-invasive techniques.
Access to Justice
Authors: Susskind Richard
Published: March 2021

Two related phrases are commonly used in discussions about the courts and judges. The first is ‘access to justice’ and the second is ‘justice according to the law’. Like motherhood and apfelstrudel, these seem to be ideals whose merits are beyond debate. However, some deeper digging suggests that the scope and meaning of these concepts are far from self-explanatory. They are innocuous enough as terms of art, and often deployed to lend some force or lustre to arguments about social and legal reform. But if we are to be clear about online courts and the future of justice, we need to be clearer about these fundamental notions. Accordingly, in this chapter, I explore and extend the concept of access to justice, arguing that much of the literature and debate on this topic is too narrowly conceived. I defer until the next chapter the notion of justice according to the law, where I argue that this is also a more complex notion than is generally allowed.
A Fair Trial
Authors: Susskind Richard
Published: March 2021

Can an online court really deliver a fair trial? For many lawyers, this is a pivotal question. Sometimes it is posed as a legal inquiry, by reference to Article 6 of the European Convention on Human Rights (ECHR). But it can also be framed as a question about justice, asking whether the work of courts must be conducted on a face-to-face basis and whether an online court delivers fair outcomes. A related point of contention is over the ‘majesty’ of the courtroom and its possible loss when cases are settled without parties convening in a public space. I explore these questions in this chapter and conclude by looking beyond law to psychotherapy—this, to help us keep an open mind.
A Practical Approach to Criminal Procedure
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

Beginning with an explanation of procedure prior to the accused appearing in court, this straightforward and practical guide works through the way in which prosecutions are commenced and the process around funding by the criminal defence service and bail. It then moves on to describe proceedings in the magistrates' court, including summary trial and committal for sentence, as well as the way in which the youth court operates. Finally, the process by which serious offences are sent direct to the Crown Court; trial on indictment; and sentencing and appeals are all examined in detail. Fully updated to incorporate recent developments in the field, this new edition examines the impact of legislative developments, such as the repeal of the Criminal Courts Charge, changes to the funding system, and amendments to the Criminal Procedure Rules. Recent judicial initiatives and important new case law are also covered. Very much a practical guide, this title makes frequent use of examples, flowcharts, and tables, and is specifically designed to assist the busy professional and student. A Practical Approach to Criminal Procedure is an indispensable resource for those working in this field. The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote ease of understanding.
Prosecutors
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

The English constitutional system has traditionally avoided a centralized ministry of justice on the continental model. Responsibility for investigating crime, commencing prosecutions, and presenting the case at court has been shared amongst a large number of different agencies. In October 1986, however, a major change was made to the system by the introduction of the Crown Prosecution Service (CPS). The CPS has assumed a dominant role in the prosecution (but not the investigation) of crime. This Chapter will summarize the roles of the police, the CPS, other prosecuting authorities, and the private individual in the prosecution process. The subject is complex, but, for purposes of understanding criminal procedure in court, it is only necessary to deal with it in outline.
The Decision to Prosecute
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

This Chapter is mainly concerned with the considerations taken into account by the police and the Crown Prosecution Service in deciding whether they should commence a prosecution and (in the case of the CPS) whether they should discontinue a prosecution already begun. First, however, it is necessary to describe briefly the way in which criminal proceedings commence. A more detailed account will be found in Chapter 3.
Sending Cases to the Crown Court
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

Trial on indictment always takes place in the Crown Court. However, before being sent to the Crown Court, the defendant will have been the subject of preliminary proceedings in the magistrates’ court. Those proceedings are dealt with in this Chapter. There are special rules concerning juveniles (see Chapter 11).
A Constitutional Perspective
Authors: Lenaerts Koen , Gutiérrez-Fons José A.
Published: March 2021

In liberal democracies, written constitutions are the ‘supreme law of the land’ by means of which individuals sharing a common sense of belonging have agreed to establish a government of limited powers, which is entrusted with pursuing the common good, whilst respecting a sphere of individual freedom. At national level, constitutions have thus been called upon to fulfil three basic functions. First, they provide a catalogue of fundamental rights, including political rights, which public authorities (and individuals) are bound to respect. Secondly, they allocate power between the different branches of government. In federal or decentralized systems, they also allocate power between the centre and the periphery. Thirdly, they help to preserve national identity by determining the way in which a particular community of individuals is to interact with the wider world. Accordingly, a national constitution draws the dividing line between the domestic legal order and public international law.
Decentralized Implementation
Authors: Chiti Edoardo
Published: March 2021

The European Union (EU) ‘agencification’ process is a story of success. European agencies are relied on in an ever-wider variety of sectors, ranging from the internal market to economic and social regulation. Over the past two decades, they have acquired increasing practical importance, both as an institutional phenomenon and as a method of policy delivery. Unsurprisingly, their functional and normative significance has become central in the institutional discourse and has caught the attention of European legal scholars.
Principles of Takeover Regulation
Authors: Kershaw David
Published: March 2021

Providing a clear and comprehensive exposition of takeover law in the UK, this book analyses the principles behind the Takeover Code, explaining the origin, effect, and operation of the rules and regulation with reference to practice and theory. Set in an economic context, the book includes coverage of the jurisprudence of the Takeover Panel, and offers an in-depth understanding of takeover regulation while also providing a degree of context and background to make sense of the regulation. A thoughtful explanation of takeover law, this is a valuable resource for the field of takeover law.
The Voluntary Offer
Authors: Kershaw David
Published: March 2021

This Chapter commences the book’s analysis of the Code’s regulation of the terms of a voluntary offer. Most importantly, this Chapter explores the role of equality of treatment in structuring these rules. It considers first the Code requirement to make an offer for all classes of shares and convertibles: a comparable offer for different classes of share, and an appropriate offer for convertibles. This first part of the Chapter explores what is required by a comparable or appropriate offer as well as the Code’s understanding of when additional rights connected to shares render such shares a separate class of shares. This section also explores the justification for the requirement to make comparable offers and finds that equal treatment does not provide a persuasive rational for the rule rather the rule is supported by an idea of minority shareholder protection and the right to exit when faced with a new controller. The second part of the Chapter considers rules that provide for equality of treatment in relation to price, the form of consideration and in relation to other arrangements between the bidder and selected shareholders. As in relation to the requirement to make an offer for all classes of shares, this Chapter is concerned to interrogate intuitive “equal protection” accounts of why we have these rules. It shows that in relation to the highest price rule equality of treatment has some, but incomplete, traction. Particularly where a target company has an existing controller, equal treatment is unpersuasive as a rational for the highest price rule and we must look elsewhere to support the rule. The Chapter considers alternative rationales for the rule, in particular, market integrity and the early-years concerns of the Panel that the market was rigged in favour of institutions to the detriment of retail investors. Finally, given its centrality to these areas of regulation, the Chapter considers the definition of the term “acting in concert” and its effect on these rules.
Country Code Top-Level Domains
Authors: Bettinger Torsten
Published: March 2021

In addition to the gTLDs, there are currently some 250 spaces known as ‘country code top-level domains’ (ccTLDs). ccTLDs were established at the dawn of the Internet, with the intention of facilitating and promoting the spread of the Internet globally. The ‘.us’ domain name was the first delegated ccTLD, followed by ‘.uk’ and ‘.il’ in 1985.
Domain Name Industry
Authors: Skou Jannik
Published: March 2021

Since the late 1990s, when domain names emerged on the consumer market with the introduction of numerous domain registrars for the ‘.com’, ‘.net’, and ‘.org’ spaces, a dynamic and fast-growing industry has emerged. During the past 20 years, this industry has grown and matured, and is now in the midst of a dramatic and unprecedented expansion. With the launch of more than 1,000 new gTLDs, of which approximately 100 are written in non-Latin scripts (so-called IDNs—Internationalized Domain Names), the Domain Name System (DNS) is on the horizon of a new era. New providers in both the primary and secondary markets have entered the marketplace, and large players are looking to secure even greater market shares.
Brazil (‘.br’)
Authors: Karin Grau-Kunt , Brauer Bernardo Guitton
Published: March 2021

Despite doctrinal discussions addressing the legal characterization of property law and intellectual assets, the Brazilian Constitutional Court has characterized the essential property right in a trademark as that which guarantees, within the limits of a competitive environment, an exclusive right to use the sign.
Canada (‘.ca’)
Authors: Macramalla Eric
Published: March 2021

Traders need not register their trade-marks to enjoy proprietary rights in their marks, as trade-marks may also enjoy common law protection. However, there are substantial benefits to seeking a trade-mark registration in Canada. A registration provides the owner with the exclusive right to use the mark in association with the related goods or services across Canada, is prima facie evidence of ownership in Canada, and serves as a means to deter third parties from adopting similar marks by virtue of their existence on the public record. In contrast, the rights possessed by the owner of an unregistered trade-mark are limited to where the owner has managed to establish a reputation.
Czech Republic (‘.cz’)
Authors: Pelikánová Radka MacGregor , Jakl Ladislav
Published: March 2021

Czech national law belongs to the Continental (Civil) law family and, similar to other national laws sharing the Roman tradition, there is a hierarchy of legal sources and norms with a strong drive towards legislation and codification.
Hong Kong (‘.hk’)
Authors: Xue Hong
Published: March 2021

The current trademark law is the Trademarks Ordinance (TMO, Chapter 559) and the Trademarks Rules (Chapter 559A). The TMO is modeled on the trademark laws of the countries of the European Union, in particular, the United Kingdom Trademarks Act 1994. The relevant United Kingdom cases as well as those of other common law countries (such as Australia, New Zealand), although not binding, provide guidance on the interpretation of Hong Kong trademark law. The TMO grants exclusive rights to the owners of registered trademarks.
Ireland (‘.ie’)
Authors: Bridgeman James
Published: March 2021

The Trade Marks Act 1996 (the Act of 1996)1 provides the statutory framework for the protection of Irish registered trade marks and Community Trade Marks (CTMs). At common law the goodwill of enterprises having unregistered marks is protected by the law of passing off which is not affected by the Act of 1996.
Switzerland (‘.ch’)
Authors: Joller Gallus
Published: March 2021

In Switzerland, the protection of distinctive signs is governed by the laws on trademarks, company names, names, and unfair competition. The following sets out these legal bases and the signs they protect.