bluuebunny/crossref_metadata_2025 huggingface dataset:
The Applicability of The Public Sector Rules
Authors: Bovis Christopher
Published: November 2023

The Public Sector Directive1 is applicable to the award of public contracts between economic operators and contracting authorities. The term ‘economic operator’ includes undertakings that are described as contractors, suppliers and service providers and has been introduced in the new Public Sector Directive for simplification purposes. On the other hand, the concept of ‘contracting authority’ embraces a variety of organizations that fall within the remit of the state, central or local government and also bodies which are governed by public law.
Public Contracts and Contracting Authorities
Authors: Bovis Christopher
Published: November 2023

The European Court of Justice has been instrumental in interpreting the public procurement legal framework. The Court has provided intellectual assistance to the efforts of European institutions in order to strengthen the three principles (non-discrimination, objectivity, and transparency) underlying the regulation of public procurement, to eliminate discrimination and non-tariff barriers in the fields of technical standards (product specification and standardization) and the selection procedures (quantitative and qualitative suitability criteria).
Selection and Qualification
Authors: Bovis Christopher
Published: November 2023

The Court has approached very proactively the discriminatory use of specification requirements and standards. It established the ‘equivalent standard’ doctrine, where contracting authorities are prohibited from introducing technical specifications or trade marks which mention products of a certain make or source, or a particular process which favours or eliminate certain undertakings, unless these specifications are justified by the subject and nature of the contract and on condition that they are only permitted if they are accompanied by the words ‘or equivalent’.
Public Procurement and Public–Private Partnerships
Authors: Bovis Christopher
Published: November 2023

From a constitutional point of view, the state is under an obligation to provide a range of services to the public in the form of, for example, general infrastructure, healthcare, education, housing, transport, energy, defence, social security, and policing. Traditionally, the state either in its own capacity or through delegated monopolies and publicly controlled enterprises has engaged in market activities in order to serve public interest.
Introduction
Authors: Saward John
Published: November 2023

Stand by a river in the highlands of Scotland, and you will discover what it means to have a goal. The rush of the water, the relentless movement up and over the rocks, makes it look as though the river is seeking something. That is how it appears, and that in truth is how it is: the lesser waters are heading for the greater; the river is seeking the sea.
Opening Heaven’s Gates
Authors: Saward John
Published: November 2023

Beneath the vault of Heaven stands the Cross of Christ, and at the foot of the Cross kneels a Carthusian monk. The top of the Cross’s upright beam touches the lower folds of our Lady’s robe of blue, as if to indicate that the immaculate beauty is the fruit of the Tree of Life. Underneath the kneeling Carthusian is the Empty Tomb, the tomb the Son of God Himself emptied when He rose from the dead in the flesh, thereby, as the Easter Sunday Collect says, conquering death and opening up for us an entrance to eternity (aeternitatis aditum).
Ave Regina Caelorum
Authors: Saward John
Published: November 2023

The Three Divine Persons crown our Lady as Queen of Heaven. God the Father and God the Son breathe forth God the Holy Spirit, the Dove of Love, and as a gift of Their Love, under the wings of the Dove, They place the crown on the Blessed Virgin’s head. The angels are in the background, and the saints kneel or stand at a certain distance from the throne of God, but our Lady is entirely enfolded in the crimson copes of the Father and the Son, and the gold of her dress matches the panels on the copes.
Paired in Ceremony: Academic Inception and Trade-Guild Reception
Authors: Price B B
Published: November 2023

Two medieval rituals of passage, the inception of a university student into the ranks of his academic masters and the reception of an artisan into the company of his craft’s masters, were strikingly similar in their formalities, albeit they belonged to distinctly different spheres. An attempt will be made here to describe these similarities and to establish their significance. In the first two sections, the similarities in the formal aspects of the inception and the reception process, long observed, will be outlined. The third section—introducing primary documents—will discuss the interesting relationships these similarities in the inception and reception rituals bespeak, owing to their analogous forms, to shared sources of inspiration, and to their contemporaneous use. Relying on the importance of the evolutions of the respective rituals as well as their contemporaneous uses, the influence of the institutions of the trade guilds on those of the academic sphere, while it has not been proven, will be asserted. The conclusion notes that the similarity of the rituals most significantly reflects the similar functions of the two types of masters’ associations in the thirteenth century.
Credit Risk
Authors: Benjamin Joanna
Published: November 2023

Part I provided a conceptual overview of the scheme of the book. This involved a series of five structures. The first is the introduction of varied risks into the financial system in the form of credit risk; this is the subject of section 2.1 of this chapter. The remaining four structures are the four types of ﬁnancial position, namely simple, funded, net, and asset-backed. These are discussed in Parts 2 to 5. (The ﬁnal Part 6 seeks to draw this material together, through an analysis based on regulatory projects.)
Comparison Of Simple Financial Positions
Authors: Benjamin Joanna
Published: November 2023

Chapter 4 above provided a brief introduction to the legal and commercial natures of guarantees, insurance, derivatives, standby credits, and performance bonds. This section offers a comparison of these five different categories of simple position in terms of: functions (section 5.1), risk of non-payment (section 5.2); documentation (section 5.3); regulatory capital treatment (section 5.4); the need
Options For Raising Capital
Authors: Benjamin Joanna
Published: November 2023

This section relates to the options available to the company wishing to raise corporate finance, and considers in turn: the distinction between debt and equity (section 8.1.1); bank loans (section 8.1.2); capital markets (section 8.1.3); and convergence between syndicated loans and Eurobonds (section 8.1.4).
Overview
Authors: Benjamin Joanna
Published: November 2023

Part IV relates to net positions. Chapter 12 considers the procedures of set off and netting that give rise to such positions. Chapter 13 turns to one important use of net positions, namely the title transfer collateral arrangements which provide the legal bases for most EU financial collateral arrangements. Chapter 14 assesses the rise of net positions, and links this with the decline of property rights in the financial markets.
Set Off And Netting
Authors: Benjamin Joanna
Published: November 2023

Set off and netting are related legal techniques, applied between persons with mutual rights and liabilities. They permit such rights to be used to discharge such liabilities. Set off and netting apply cross claims to reduce or extinguish
Overview
Authors: Benjamin Joanna
Published: November 2023

Part V relates to asset-backed positions. As briefly explained in section 1.4, these are a development of funded positions (such as bank loans and investment securities), in which the credit exposure of the position taker is addressed by earmarking particular assets to meet its claims. Such earmarking in relation to the corporate fund of a limited liability company was discussed in section 2.4. Other important forms of asset backing involve the assertion of property rights; these are briefl y considered in Chapter 16.
Property Rights
Authors: Benjamin Joanna
Published: November 2023

This Chapter 16 relates to property rights. It considers in turn: personal rights and property rights (section 16.1); legal and equitable property rights (section 16.2); property in claims (section 16.3); the requirement for ascertainment (section 16.4); the requirement for publicity (section 16.5); consensual property rights (section 16.6); equitable property remedies and related processes (section 16.7); and priority (section 16.8).
Asset-Backed Securities
Authors: Benjamin Joanna
Published: November 2023

Chapter 16 considered property rights, whereby asset-backed positions are created, and Chapter 17 discussed security, which is one economically important form of asset-backing. Another comprises asset-backed securities (ABS), which are considered in this section. ABS transactions combine two forms of asset- backing namely, security and the corporate fund of the limited liability company.
Indirectly Held Securities
Authors: Benjamin Joanna
Published: November 2023

Part V concerns asset-backed positions, under which the risk taker’s claims are supported by earmarked assets. This earmarking usually takes the form of property rights (although in the case of the corporate fund, neither shareholders nor general creditors have property rights in the corporate assets). One asset class in which property rights are routinely asserted in the ﬁnancial markets is investment securities. However, operational change in the securities markets, and particularly the indirect holding pattern discussed below, has altered the legal nature of these assets, and raised certain legal challenges to the assertion of property rights in them.
Judges, Markets, And Consumers
Authors: Benjamin Joanna
Published: November 2023

The FSA is obliged to balance the needs of markets with those of consumers. This requires fl exibility, as the correct balance may not be clear until matters have played out. It will be argued in section 27.4 below that principle based regulation (PBR) provides the necessary flexibility. Judges seek to achieve the same balance in their decisions, and also require flexibility in order to respond appropriately to events as they unfold. The strong commitment in English case law to protecting future judicial discretion is evident in the tendency to avoid extrapolation, and to tie judgments closely to the particular facts of the case.
The Fiduciary Project
Authors: Benjamin Joanna
Published: November 2023

If a central concern of the arm’s length project of regulation is that risk should be taken with informed consent, the central concern of the fiduciary project is that trust should not be abused. The fiduciary project has entered the financial markets because risk is typically taken through legal structures, whereby clients’ assets and/or liabilities are controlled by an intermediary. Intermediaries are used because direct access to the markets and their infrastructure is heavily restricted for risk management and operational reasons.
The Consumerist Project
Authors: Benjamin Joanna
Published: November 2023

If the arm’s length project is strong and gaining strength, and the fi duciary project weak and in decline, the consumerist project occupies an intermediate position in the fi nancial markets. It is not equal to the arm’s length project, but it is gathering force. Whereas the moral aim of the arm’s length project is the informed consent of the position taker to risk, and that of the fi duciary project the respect of trust by intermediaries, the aim of consumerism is fairness for classes of person deemed (sometimes artifi cially) to be economically weak.
The President and the King
Authors: Reynolds David
Published: November 2023

Late on June 7, 1939, a reigning British sovereign set foot on American soil for the first time. King George VI and Queen Elizabeth crossed the border into the United States at Niagara after a three-week tour of Canada. Behind the scenes there were many misgivings. This was only the second state visit that the shy young monarch had made since he succeeded his brother, Edward VIII, in December 1936.
The Wheelchair President and his Special Relationships
Authors: Reynolds David
Published: November 2023

appointment as Ambassador in 1941 provide two case studies in the intricacies of Roosevelt’s diplomacy. They also offer a telling contrast with Churchill’s style as war leader. Whereas the Prime Minister loved the dramatic public gesture, the President preferred the nudge here and the wink there. This was partly because of the political constraints imposed on him before Pearl Harbor by congressional and public opinion but it also reacted his machiavellian nature, which revelled in plots and schemes. ‘
Churchill’s Government and the Black GIs, 1942–1943
Authors: Reynolds David
Published: November 2023

Just before lunch on Tuesday 13 October 1942 the British War Cabinet assembled for a hasty meeting in the Prime Minister’s room in the House of Commons. Sandwiched on the agenda between discussion of the impending visit of the South African premier and the arrangements for celebrating Armistice Day was a unique item, one on which no less than six different Cabinet ministers had submitted papers.
Exemptions from the Prohibition—Section 153 of the Companies Act 1985
Authors: Roberts Catherine
Published: November 2023

Having set out the general prohibition on financial assistance in section 151 of the Companies Act 1985, the legislation goes on to provide for a number of specified exemptions. The exemptions in section 153 of the 1985 Act apply toboth public and private companies. A special restriction applicable to public companies limits the availability of the exemptions in section 153(4). There is a wholly distinct statutory regime provided for in sections 155 to 158 (inclusive) of the 1985 Act in respect of solvent private companies. Provided that there is due and proper compliance with this statutory regime, a solvent private company may give financial assistance.
China Monopoly and Abuse of Dominance
Authors: Monopoly China , Furse Abuse Of Dominance Mark
Published: November 2023

Proscriptions on general monopoly conduct are set out in Chapter III of the AML, headed ‘Abuse of dominant market status’.1 The three articles set out in Chapter III relate to business operators, and not to administrative monopolies or administrative power, which are dealt with in Chapter V of the Law (‘Abuse of administrative power to eliminate or restrict competition’). Chapter V marks a sea-change in the approach in China to the regulation of the economy, and given the structure of the Chinese economy may, if enforcement is rigorous, be significant in its impact.
China Procedure
Authors: Furse Mark
Published: November 2023

Chapters VI and VII of the AML set out the procedures relating to the investigation of monopolistic conduct and to the imposition of penalties and also create the basis on which the Law may be relied on in private actions. These provisions interact with general legal procedures in China, and particularly with administrative law. At the level of public enforcement the AMEA is the primary actor although
The Servants of Power
Authors: Baritz Loren
Published: November 2023

Henry Ford II, 1946: ‘If we can solve the problem of human relations in industrial production, we can make as much progress toward lower costs in the next 10 years as we made during the past quarter century through the development of the machinery of mass production.’ By the middle of the twentieth century, industrial social science had become one of the most pregnant of the many devices available to America’s managers in their struggle with costs and labor, government and the consuming public. But, even then, industrial social science remained richer in its promise than in its accomplishments, impressive as these had been.
Critical Theory and Postmodernism: Approaches to Organizational Studies
Authors: Alvesson Mats , Deetz Stanley
Published: November 2023

Anyone who has followed the writings in critical theory and postmodernism during the last decade or so understands the difficulties we face in trying to provide a short, understandable and useful overview of this work. The two labels refer to massive bodies of literature, most of which are difficult to read. Compared to most other research perspectives treated in this Handbook, most of the various critical theory and postmodernist positions are still relatively new to management studies. Texts in the field cross many traditional disciplinary divisions. Many researchers draw on both traditions; others argue for irreconcilable differences between them.
Tensions between Fairness and Efficiency
Authors: Park William W
Published: November 2023

Arbitrators often complain about frivolous motions and excessive requests for documentary discovery. Scholars worry that arbitration allows business managers to evade statutory norms that further vital public policies. Winning claimants complain that judicial review of awards impairs neutrality and finality. Losing litigants grumble that arbitrators apply the law either too strictly or not strictly enough. Discontent aims principally at the abuse of otherwise legitimate procedures, whether in arbitration itself or in related court actions. Arbitrators and judges are increasingly aware of the need to discourage litigants from frustrating the basic aims of business arbitration: dispute resolution that is both relatively efficient and reasonably free from excessive judicial intervention.
Financial Transactions
Authors: Park William W
Published: November 2023

The human species, according to the best theory I can form of it, is composed of two distinct races: the men who borrow and the men who lend. The world’s bifurcation into debtors and creditors has created yet another class of people: those involved in resolving disputes between lenders and borrowers. To promote reliability in financial dispute resolution, credit agreements have generally provided that potential controversies will be submitted either to courts in the bank’s home jurisdiction,2 or to courts of a major money center such as London or New York.3
Employment Tribunal Compensation
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

Over recent years the jurisdiction of the Employment Tribunal has increased dramatically the vast majority of employment claims are now brought here. And as the value of claims has increased, so too has the complexity of compensation awards and agreements legal advisers now routinely need to advise on tax and pensions issues. Developments in employment law notably in discrimination law have also increased the range of actions brought. Employment Tribunal Compensation provides a comprehensive, practical and accessible guide to the financial awards available for every type of claim brought to the Tribunal, including wrongful dismissal, unfair dismissal, redundancy, discrimination, equal pay and claims for unpaid wages. Based on Anthony Korn ‘s well-regarded text Compensation for Dismissal, this new edition has been designed with the Tribunal practitioner in mind and has been substantially revised to include a detailed new section on discrimination compensation as well as a fully updated section on compensation for unfair dismissal (including a chapter on compensation for loss of pension rights written by Raymond Jeffers, Head of the London Employment Group at Linklaters). Key features include: Detailed analysis of the principles underlying Employment Tribunal awards, and their continuing development Comprehensive coverage of recent case law including decisions relating to the calculation of future loss, the relevance of the Ogden tables, and the reduction of damages for contributory fault in unfair dismissal claims, and changes brought about since implementation of the dispute resolution procedures under the Employment Act 2002 Specific practical guidance on award calculation (including worked examples), case preparation and evidence, Tribunal procedure, settlement negotiations and tax liabilities The book is accompanied by a regularly updated companion website.
Compensation for Wrongful Dismissal
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The law of wrongful dismissal is essentially an extension of the ordinary common law rules which govern the termination of a contract. A dismissal is therefore wrongful if the employer either terminates the contract in a manner which is contrary to its terms or does some other act which shows an intention not to be bound by it. Essentially, any termination by an employer which is not lawful will be wrongful. Apart from exceptional cases, where a contract of employment can be terminated on specified grounds, the law of wrongful dismissal is concerned with the mode of termination rather than the reasons for termination.
The Compensatory Award: General Principles
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The third element in unfair dismissal compensation is the compensatory award. Unlike the basic award, this is not based on a fixed statutory formula but rests on the simple principle that employees should be compensated for the loss caused to them as a result of their dismissal. Thus in most cases the compensatory award will be the largest element in the total award. This chapter looks at the general principles which govern the compensatory award. Chapters 7, 8, and 9 consider the types of payment and the benefits for which compensation may be awarded in detail.
Calculating the Compensatory Award: Loss of Earnings
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

This chapter looks at the two main heads of compensation established by Norton Tool Co Ltd v Tewson[1973] All ER 183, which are immediate loss of earnings, i.e., loss of earnings between the date of dismissal and the date of the hearing, and future loss of earnings, i.e., compensation for any continuing loss after the hearing. Tribunals are thus expected ‘to glance both backward into the past and forward into the future ‘ (per Waite J in Thompson v Smiths (Harlow) Ltd EAT 952/83), but before considering how tribunals approach this task, it is necessary to examine what sums count as lost earnings for this purpose.
Calculating the Compensatory Award: Manner of Dismissal
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The third head of compensation established by Norton Tool Co Ltd v Tewson[1973] 1 All ER 183 is compensation for the manner of dismissal. At first, this was thought to include compensation for injured feelings, but, in Dunnachie v Kingston Upon Hull City Council[2004] IRLR 727, the House of Lords ruled that the loss contemplated by s. 123(1) of the ERA is economic loss rather than injury to feelings or other forms of non-economic injury. Nonetheless, compensation will be awarded where the manner of dismissal means that the employee is likely to be at a disadvantage in the labour market or causes psychological injury which prevents the Claimant from looking for a new job.
Reducing Unfair Dismissal Compensation: Justice and Equity
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The grounds upon which an award of unfair dismissal compensation may be reduced or limited are regulated, like the awards themselves, by statute (Cadbury Ltd v Doddington[1977] ICR 982). In summary, the basic award may be reduced where: the employment tribunal considers it just and equitable to reduce the award because of the conduct of the employee before the dismissal (ERA 1996, s. 122(2) ); or the employee unreasonably refuses an offer of reinstatement (s. 122(1) ). In addition, any redundancy payment made to the employee, whether under the statutory scheme or otherwise, is set off against the employer ‘s liability to pay the basic award (s. 122(4) ).
Mitigation of Loss
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

This chapter looks at the circumstances in which compensation may be reduced as a result of an employee ‘s failure to mitigate the loss caused by the dismissal. In determining the loss suffered by the employee, a tribunal is under a duty to ‘apply the same rule concerning the duty of a person to mitigate his loss as applies to damages recoverable under the common law of England and Wales or (as the case may be) Scotland ‘ (ERA 1996, s. 123(4) ). The intention of the statutory wording is that the common law rules on mitigation should apply to unfair dismissal (Fyfe v Scientific Furnishings Ltd[1989] IRLR 331).
Recoupment Regulations, Tax, and Miscellaneous Matters
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

The amount of unemployment benefit or income support received by employees between the date of dismissal and the hearing is disregarded for the purpose of assessing the compensatory award. However, such payments are deducted by the employer from the final award and must be paid directly to the Secretary of State (now Department of Work and Pensions) under The Employment Protection (Recoupment of Jobseeker ‘s Allowance and Income Support) Regulations 1996 (made pursuant to the Employment Tribunals Act 1996, ss. 16 and 17), referred to below as ‘the regulations ‘.
Compensation in Discrimination Cases
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

This part examines the rules and principles governing compensation in discrimination cases and their relationship with the tribunal ‘s power to award unfair dismissal compensation under ERA 1996, s. 123. According to the latest Equal Opportunities Review annual survey of compensation awards (EOR No. 144, August 2005), compensation totalling just over £6 million was awarded by Employment Tribunals in 368 discrimination cases in 2004. This represents a 44% increase on the total for 2003. Comparison with figures from previous years therefore shows that the trend continues upwards.
Compensation for Other Employment Tribunal Claims
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

In addition to contractual claims, unfair dismissal, and discrimination, Employment Tribunals have power to award compensation in a wide variety of other jurisdictions. Foremost amongst these in statistical terms are disputes over payment of wages (Part II of the Employment Rights Act 1996) and redundancy payments (Part XI of the Employment Rights Act 1996). This section of the book covers the remedies available in Employment Tribunals in some (though not all) of those jurisdictions.
Settlement
Authors: Korn Anthony , Sethi Mohinderpal
Published: November 2023

‘The law loves compromise. ‘ So wrote Lord Bingham in his foreword to the fourth edition of the Law and Practice of Compromise by David Foskett QC (quoted with approval by Mummery LJ in Dattani v Trio Supermarkets Ltd[1998] IRLR 240). Moreover, as Lord Bingham also points out, settlement ‘may call for as much skill including legal skill, as fighting the action ‘. This chapter look at the specific rules which apply to the settlement of employment tribunal claims. The popularity of settlement of Employment Tribunal claims is borne out by the Employment Tribunal Statistics. The latest statistics show that of the 40,927 unfair dismissal complaints brought in 2004, 44% were settled through ACAS and 27% were withdrawn.
Article 3 of the European Convention on Human Rights (Prohibition of Torture and Inhuman or Degrading Treatment)
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

Under section 6(1) of the Human Rights Act 1998 (HRA), it is unlawful for a public authority to act in a way which is incompatible with a right protected under the European Convention on Human Rights, as translated into domestic law rights by the HRA. The translated Convention provisions are Article 2 (right to life), Article 3 (prohibition of torture), Article 4 (prohibition of slavery and forced labour), Article 5 (right to liberty and security), Article 6 (right to a fair trial), Article 7 (no punishment without law), Article 8 (right to respect for private and family life), Article 9 (freedom of thought, conscience, and religion), Article 10 (freedom of expression), Article 11 (freedom of assembly and association), Article 12 (right to marry), Article 14 (prohibition of discrimination), as well as Articles 16 to 18 and parts of the First and Sixth Protocols, which are less relevant in the immigration context.
Other Human Rights Articles Potentially Applicable in the Asylum and Human Rights Context
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

As has been observed in Chapter 4, the House of Lords in Ullah1 affirmed that Articles of the European Convention on Human Rights other than Article 3 could be engaged in relation to a removal of an individual where the anticipated treatment in the receiving State will be in breach of the requirements of the Convention, but such treatment does not meet the minimum requirements of Article 3. In a purely ‘domestic case’, where the claim is that the UK has acted within its own territory in a way which infringes the enjoyment of a Convention right by a person within that territory, it is always possible that articles other than Article 3 could be engaged. The issue in Ullah was whether the same applied in ‘foreign’ cases where it is claimed that the conduct of the UK in removing a person from its territory (whether by expulsion or extradition) to another territory will lead to a violation of the person’s Convention rights in that other territory.
Certification and Removal
Authors: Kotzeva Anna , Murray Lucy , QC Robin Tam
Published: November 2023

Where an asylum seeker has passed through a country which is deemed to be safe, his claim for asylum will not be decided in the United Kingdom but he will be removed to the safe ‘third country’. That country will then decide their claim for asylum. Under the 2004 Act, the Home Office will issue a certificate under section 33(1) and parts 2, 3, 4, or 5 of Schedule 3 to the 2004 Act which enables an asylum seeker to be removed the a safe ‘third country’. This system has been in force since 1 October 2004. We deal below with the four categories of third country cases created by the 2004 Act and we deal with the procedures which enable applicants to challenge certificates issued under the Act.
Evidential Issues: Presenting Data
Authors: Walden Ian
Published: November 2023

Having carried out the investigations and obtained what appears to be sufficient evidence, the next stage in the criminal justice process is the prosecution of the computer criminal, a process of presenting evidence to a court or tribunal of fact. Evidential rules tend to be very specific to each jurisdiction, but as with many areas of law, a broad distinction can be made between civil and common law systems. In civil law systems, criminal proceedings are generally based upon a judge(s) acting as an investigator, gathering and evaluating the evidence. By contrast, common law criminal proceedings are generally adversarial, with evidence being presented and challenged by the prosecutor and the defendant’s legal advisers before a jury and/or judge.
Restrictions Upon Financial Promotions
Authors: Russen Jonathan
Published: November 2023

The statutory objectives of the FSA are such that the provisions of the FSMA need to ensure that improper promotion of financial products is curtailed. Under the provisions of the Financial Services Act 1986, a number of disparate restrictions upon unauthorised advertisements and unsolicited calls had been put in place. The FSMA has replaced these with a single restriction (the financial promotion restriction explained below) that is designed to provide a uniform approach to the regulation of financial promotions.
History of Universities
Authors: Feingold Mordechai
Published: November 2023

Volume XXI/1 of History of Universities contains the customary mix of learned articles, book reviews, conference reports, and bibliographical information, which makes this publication such an indispensable tool for the historian of higher education. Its contributions range widely geographically, chronologically, and in subject-matter. The volume is, as always, a lively combination of original research and invaluable reference material.
An Early Oxford Riot: Oseney Abbey, 1238
Authors: Sheffler David L
Published: November 2023

On the 23rd of April 1238, a group of Oxford students traveled the short distance from the university to Oseney Abbey. Earlier that day they had sent gifts to the papal legate, Cardinal-Deacon Otto, who was staying at Oseney Abbey during his visit to Oxford. The students, who appear to have expected an audience, were dismayed when they were curtly rebuffed. Tempers flared and the situation became violent when the legate’s chief cook poured boiling water on a poor Irish clerk who had come to beg alms. One of the students, according to Matthew Paris a Welshman, shot the offending cook with an arrow, killing him on the spot. Alarmed by the clamour of the ensuing melee, the legate withdrew to the church tower, where he waited until nightfall before fleeing to the safety of the king.
The Fifteenth Century Accademia Pontaniana— An Analysis of its Institutional Elements
Authors: Furstenberg-Levi Shulamit
Published: November 2023

Recent scholarship has invested much effort in proving wrong certain ‘myths’, which, until lately, have nourished Renaissance Studies. One of these ‘untrue’ myths is that of the ‘Platonic Academy’. James Hankins, in an essay that has become mandatory reading for Renaissance scholars, revives with modifications Gustavo Uzielli’s claim that the Platonic Academy of Florence was nothing but a fable. Hankins bases his central argument on the variety of meanings the term ‘academy’ had in the fifteenth century, and contends that scholars before him often limited the term to the meaning most akin to its modern usage, i.e., ‘a regular gathering of a literary group of people’, while ignoring other possible meanings. In Hankins’s view, the term ‘academy’ as found in connection with Marsilio Ficino (1433–1499), should be understood in most cases as Ficino’s delivery of private lessons to individual students.
History of the University of Salerno
Authors: Brambilla Elena
Published: November 2023

The history of the University of Salerno—on the Tirrenian coast south of Naples—has been conceived, by its general editor Aurelio Musi, as something more than a history of professors and students, chairs and buildings. Its first volume, the only one in print to date, is divided into three sections, the first one dedicated by Italo Gallo to the Greek foundations of the medical tradition in Southern Italy (Magna Grecia), the second by Massimo Oldoni to the Ancient and Medieval period, and the third by Aurelio Musi himself to the Early Modern period up to the Napoleonic era.
Paul R. Deslandes. Oxbridge Men: British Masculinity and the Undergraduate Experience, 1850–1920
Authors: Darwall-Smith Robin
Published: November 2023

Paul Deslandes, Assistant Professor of History at the University of Vermont, has produced a study of undergraduate life at Oxford and Cambridge between 1850 and 1920 which, as he himself declares, ‘explicitly and self-consciously relates the study of Oxford and Cambridge to the study of professionalisation, imperialism, gender relations, adolescence, sexuality, and politics’ (pp. xii–xiii). To relate these two studies, he aims to examine how undergraduates saw themselves during this period, and the ways in which they constructed a world of elite maleness in which they lived during their university years.
Messiah
Authors: Ashton John
Published: November 2023

As soon as we turn to a close study of the christology of the Fourth Gospel, we come face to face with one of its greatest puzzles. Looking back over the long Christian centuries, we may be astonished to see how quickly Paul and John, who surely never met in life, came to be joined together after death in other people’s writings. And we may be surprised too at the extent to which this comfortable yoking has dominated Christian theology ever since. No doubt the Synoptic Gospels held their place; but for them Christianity might well have rapidly vaporized into some form of speculative Gnosticism. It did not; the parables of the kingdom and the Sermon on the c continued to be regarded as indispensable elements of the Christian message, and—more importantly—the Jesus who preached them remained ever present to the Christian consciousness. And if the air-space of theology and the floor-space of worship were both largely occupied by a pre-existent divine being unimagined by the Synoptists, this did not really matter until the tensions and inconsistencies between the two figures were explicitly acknowledged and began to cause an increasing discomfort among the faithful, a discomfort which persists to this day.
Excursus V: The Composition of John 7
Authors: Ashton John
Published: November 2023

No chapter in the Gospel poses more problems of analysis than this one, and the continuing disagreement is not surprising. What follows is an attempt to give some exegetical justification to the answers given to these problems in Chapter 4. The core of the chapter is to be found in two sets of material: (a) a controversy over the person of Jesus centring upon the twin themes of mission, which alludes to the claim that Jesus is the prophet, and origins, which is associated with the title of Messiah; (b) the story of Jesus’ attempted arrest, which itself concludes with a controversy story of a different kind involving the same two titles: a strong and reasonably homogeneous armature, then, over which further material has been laid. Besides this unity of theme, after the introduction there is also a unity of time (the Feast of Tabernacles) and place (the Temple). The controversy material (a) is found in two blocks: vv. 11–31 (excluding vv. 19b–24) and vv. 37–44 (excluding v. 39, which is certainly a later gloss from the hand of the evangelist).
Son Of Man
Authors: Ashton John
Published: November 2023

Among the many puzzles presented by the Fourth Gospel one of the most intriguing is the paradoxical contrast between the titles ‘Son of God’ and ‘Son of Man’. ‘Son of God’, originally at any rate, indicates a human being, the Messiah; whereas ‘Son of Man’ points to a figure whose true home is in heaven. Divine? Well perhaps not c, or not altogether, but certainly invested by God with an c no ordinary human being would dare to claim.
Messenger Of God
Authors: Ashton John
Published: November 2023

Lying behind the probing questions of the preceding three chapters, each concerned with one of the three titles assigned to Jesus in the Gospel, is an even more fundamental and urgent problem that has animated and activated these. Raymond Brown noted the need to account for the appearance of what he called ‘the higher christology’ of the Johannine community, that is to say, those sayings of Jesus that were interpreted by his adversaries to mean that he was claiming equality with God. That he made such a claim, or rather that such claims were made on his behalf, is clear from the Gospel.
Excursus VII: Isaiah and Abraham
Authors: Ashton John
Published: November 2023

The glory seen by Isaiah is spoken of by Jesus in the first of the two appendices that follow the Book of Signs (12: 37–42): ‘Isaiah said this because he saw his glory and spoke of him.’ This verse is immediately preceded by a slightly skewed quotation from Isaiah: ‘He [God] has blinded their eyes and hardened their heart, lest they should see with their eyes and perceive with their heart, and turn to me [ Jesus] to heal them’ (Isa. 6: 9–10; John 12: 40). For Dahl the meaning is clear: ‘Isaiah could report on Christ’s saying concerning the predestined unbelief because he had in his vision seen the glory of the crucified Christ.’ Why the crucified Christ and not just the logos asarkos—the pre-existent Word? Partly because of the context, John 12, in which there are frequent allusions to Jesus’ approaching passion (vv. 7–8, 24, 27–36), partly because Isaiah’s vision, however summarily reported, anticipates according to Dahl the much more detailed account given in a late second-century Christianized apocryphon, The Ascension of Isaiah, wherein the prophet’s culminating vision, in the course of a merkavah ascent, is that of ‘the Beloved’ in human form. Recalling this vision, Isaiah states specifically that ‘the god of that world’ will reach out (against the Son) and ‘they will lay their hands upon him and hang him upon a tree’, but that he will rise again on the third day (Asc. Isa. 9: 12–18).
Intimations of Apocalyptic
Authors: Ashton John
Published: November 2023

The word ‘apocalyptic’ is derived directly from the title of the lastbook of the Christian Bible:1 the Greek word for revelation is I__OE_ºıłØ_, and the Book of Revelation is still referred to in some Christian circles The Apocalypse. Now since the overriding theme of the Fourth Gospel is, put very succinctly, the revelation of God in Jesus and the way in which it was and should be received, we might conclude directly that a study of Jewish apocalyptic is likely to furnish a useful starting-point. That such a study is helpful and indeed illuminating will be the main contention of this chapter. But it is not straightforwardly so. According to tradition the Book of Revelation shares a common author with the Fourth Gospel: the apostle John.
The Gospel Genre
Authors: Ashton John
Published: November 2023

Few works have had such a profound and long-lasting impact upon Gospel studies as William Wrede’s Das Messiasge heimnis in den Evan gelien, published in 1901. It has been mauled and modified in scores of ways, but Wrede’s central insight has stood firm. This was the recognition of an ineradicable tension (Wrede would say contradiction) between the presentation of Jesus as Messiah and Lord in the account of his words and deeds before the resurrection and the persistent awareness that his real identity remained hidden until after his earthly life was over. The details of Wrede’s argument, largely based on the Gospel of Mark, need not concern us here. The key to Mark’s own understanding of his Gospel, according to Wrede, is the injunction of Jesus to Peter, James, and John on their descent from the mountain of the transfiguration ‘to tell no one what they had seen until the Son of man should have risen from the dead. So they kept the matter to themselves, questioning what the rising from the dead meant’ (9: 9–10; cf. 8: 30).
The Story Of Wisdom
Authors: Ashton John
Published: November 2023

Like all good narratives, the Fourth Gospel has a plot. In this chapter we will be reflecting on how an enquiry into this plot can enhance our understanding of the meaning of the Gospel. Knowing as we do how closely the plot of this Gospel resembles that of the other three, we may be tempted to think that the differences are insignificant. Of course there are many of these. Jesus no longer preaches the kingdom of heaven, but proclaims himself, and his work takes longer, three years, not just one. He rarely speaks in parables, and performs fewer miracles. The temple-episode is placed at the beginning of his ministry rather than at the end. Certain individuals (Nathanael, Nicodemus, the Samaritan woman) are new to the story, and others, especially Lazarus, the brother of Martha and Mary, take on a more important role. Yet in spite of these and many more minor differences the broad outline of the story is much the same, telling of a Jewish prophet who after a brief career as a teacher and wonder-worker ends up in Jerusalem as a victim of the machinations of a ruthless hierarchy which contrives his death at the hand of the Roman colonial authorities. The bleak simplicity of this story can be obscured by the emphasis, especially in Matthew and John, upon the discourses of Jesus, but it helps to explain why Irenaeus, bishop of Lyons in the late second century, grouped all the Gospels together in the expression ‘the fourfold gospel’.
Excursus VIII: The Fourth Gospel and the Wisdom of Solomon
Authors: Ashton John
Published: November 2023

In appropriating the central motifs of the Jewish wisdom tradition and reapplying them to the person of Jesus, the fourth evangelist was at the same time laying claim to territory already staked out by the author of the Wisdom of Solomon. Whether he was actually acquainted with this apocryphal work (written, like his own, in the Greek language) cannot now be determined. But the two writings exhibit a number of striking similarities that deserve to be emphasized, for a comparison sheds light on the central purposes of each.
Departure And Return
Authors: Ashton John
Published: November 2023

No one assembling an anthology of religious literature could reasonably ignore the Gospel of John. The compiler’s choice might well fall upon the four chapters (14–17) comprising the Farewell Discourse, whose profound and mysterious beauty cannot but make a strong impression on any responsive reader. Unfortunately its delicate colours and fine contours are easily submerged under the soft silt of scholarship. Subjected to close critical analysis, its glowing mysteries rapidly fade into puzzles. Puzzles there are, unquestionably. What, for example, is the origin of the strange term ‘Paraclete’, not found in the New Testament outside the Johannine writings, and seldom enough elsewhere? What and where are the µ,ovÆ{ (mansions, rooms, dwellings) which Jesus is to prepare for his followers? How are we to explain the sudden, chilling allusion, at the end of chapter 14, to ‘the prince of the world’? The many learned and interesting answers that have been given to these and similar questions are mostly inconclusive. Some of the puzzles, to be sure, have been satisfactorily resolved. The hypothesis of a second edition, adopted in one form or another by many commentators, admirably accounts for the curious doublets in chapter 14, on the one hand, and chapters 15–16, on the other. The precise articulation of the terms ‘way’ and ‘truth’, and ‘life’ in one of Jesus’ best-known utterances has been determined beyond reasonable doubt. The central message of the discourse, as the community confronts the bleak prospect of Jesus’ imminent departure, comes through strongly and clearly.
Breach Of Duty
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

Every individual clinician owes a duty of care to his patient and his patient may sue him for breach of duty. In the case of private treatment and in the case of treatment by a general practitioner the claim is brought against the individual clinician. In the case of National Health Service (NHS) treatment in a hospital the claim is brought against the Health Authority or NHS Trust (‘the NHS Authority’) who was responsible for that hospital at the time the treatment was given. In some cases a different NHS Authority will have taken over responsibility by the time the claim is brought and the identity of the correct defendant should always be checked with the potential defendant before proceedings are issued.
Limitation
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

A clinical negligence case will almost always be a personal injury claim with a primary limitation period pursuant to sections 11 and 14 of the Limitation Act 1980. The Court will have a discretion to extend the limitation period pursuant to section 33 of the Limitation Act 1980. The exception is a claim which includes a deliberate assault when the limitation period is six years pursuant to section 2 of the Limitation Act 1980 and there is no discretion to extend this period in accordance with the House of Lords decision in Stubbings v Webb [1993] AC 498.
The Defendant
Authors: Cameron Cecily , QC Elizabeth-Anne Gumbel
Published: November 2023

This chapter outlines the broad structure of the NHS, points to sources of detailed information, describes the organisational arrangements that commonly apply in public and private health care, and discusses problematic areas and how to resolve them. It is necessary to understand the organisation of health care in the UK to appreciate the indemnity or insurance arrangements that will apply to any specific claim.