bluuebunny/crossref_metadata_2025 huggingface dataset:
Comitology
Authors: Craig Paul
Published: March 2021

The discussion thus far has focused on centralized and shared administration as ways in which EU policy is delivered. This chapter focuses on Comitology and the making of secondary norms, which normally take the form of rules. This cuts across the previous analysis, in the sense that rulemaking is a feature of both direct and shared administration. The structure of the discussion is as follows. It begins with analysis of the problem presented by rulemaking, and the necessity for any polity, including the EU, to administer an area through secondary norms of a legislative nature. This is followed by an historical overview of rulemaking in the EU and the role of Comitology therein. The focus then shifts to detailed evaluation of the approach to rulemaking in the Lisbon Treaty.
Asset Protection and Insolvency
Authors: Hilliard Jonathan , Watson Jack
Published: March 2021

The use of trusts to protect assets from the effects of insolvency has long been an attractive option for those who wish to ring-fence their assets against the claims of creditors. In modern asset recovery litigation, these problems are spread across a number of jurisdictions. Therefore, as well as understanding how such issues are dealt with domestically, it has become increasingly important to understand the detail of offshore legislation and common law as well.
Injunctions
Authors: Dew Richard
Published: March 2021

An injunction is ‘a court order prohibiting a person from doing something or requiring a person to do something’. It may be necessary to add that an injunction is usually enforced only through proceedings for contempt of court.
Costs
Authors: Poole Joanna , de Lacey Joseph
Published: March 2021

A trustee has the right to be indemnified from the trust fund for costs and expenses properly incurred in the execution of the trust. It is this right to an indemnity that gives rise to the general principle in contentious situations that a trustee is entitled to his costs of litigation from the trust fund where the costs are properly incurred for the benefit of the trust.
Notice, Agenda and Quorum for Meetings of Directors
Authors: Kosmin Leslie , Roberts Catherine
Published: March 2021

As has been discussed in Chapter 2 concerning the giving of notice of meetings to convene a valid general meeting of members, the necessity to give due and proper notice of a meeting is a basic requirement for convening a meeting that can proceed to transact lawful business. In this chapter the requirements of notice of meetings are discussed with regard to meetings of the board of directors. The requirements of giving due notice in relation to meetings of directors are less stringent than those relating to meetings of members, for in relation to the latter the governing legislation prescribes requisite time periods for certain categories of meeting and the passing of certain types of resolutions.
Enforcement of Intellectual Property Rights in Africa
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Africa is rising: with double-digit growth figures in many countries, its growing middle and upper class, the continent represents an untapped, dynamic, fast-moving and competitive market that businesses can scarcely ignore. Intellectual property right owners are increasingly paying attention to this new African dynamic and have started to invest into African markets. Unfortunately, so have counterfeiters. Taking action against counterfeit and pirated products in Africa is a challenge against which right holders and their representatives often feel overwhelmed. Filling a gap in the market, this is the only book providing a detailed overview of the law and practice in relation to intellectual property rights enforcement in all 54 African countries and through the two main regional intellectual property organisations, the OAPI and the ARIPO. For the first time, a comprehensive manual on the conditions and procedures under which the civil and criminal courts, the police and customs take action with regard to counterfeit and pirated goods is available. Arranged in a systematic manner, the reader will find for every jurisdiction information on the factual background, the organisation of the courts, the legal context, the judicial, civil and criminal enforcement of patents, trade marks and copyrights as well as information on the scope, requirements and practical application about customs recordals. Counterfeiting and piracy constitutes a dire problem in Africa but as the book will show, solutions, often unknown and unexplored, do exist. With this publication, the authors aim at demystifying intellectual property rights enforcement in Africa by providing valuable information to right holders, judges, lawyers and law enforcement officials.
Democratic Republic of the Congo
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Democratic Republic of the Congo, also known as the DRC or Congo-Kinshasa, is located in Central Africa. It borders nine African countries: Congo (Brazzaville), Central African Republic, Sudan, Uganda, Rwanda, Burundi, Tanzania, Zambia, and Angola. It has a small coastline on the Atlantic. It is the largest Francophone country in Africa, the second largest country in Africa, and the eleventh largest country in the world. The size of the country means that the DRC spans two time zones. Sparsely populated, the DRC had 81.3 million inhabitants in 2017. Business hours for most firms and government offices are from 0800 to 1700 Monday to Friday and Saturday from 0730 to 1200. The national currency in DRC is the Congolese franc (CDF).
Gambia (The)
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Gambia, officially known as the Republic of Gambia, is the smallest country in Africa, with a total area of 11,295 square kilometres (km) and with a population of 2.101 million. The Gambia has an 80 km coastline bordering the North Atlantic Ocean and geographically surrounded by Senegal by land and Cape Verde by sea. Banjul, the capital, and Serekunda, the largest city, are located at the mouth of the Gambia River along the Atlantic Coast. Official working hours are 0800 to 1600 from Monday to Friday and 0800 to 1230 on Fridays. The currency in Gambia is the Gambian dalasi (GMD) and the country is primarily a cash-based economy.
Lesotho
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Kingdom of Lesotho is a landlocked country within the borders of South Africa. Lesotho, previously known as Basutoland, was a British colony from 1959 until it gained its independence from Britain on 4 October 1966, after which it became formally known as The Kingdom of Lesotho. Lesotho covers an area of 30,355 square kilometres (km), with a total population of 2,285,604. The capital city is Maseru, which lies directly on the border with South Africa, with a population of 330,760. Maseru has a rapidly growing economy as a result of industrial trade, foreign and local investment in the city. Other main cities, although substantially smaller than Maseru include Teyateyaneng, Mafetang, and Hlotse. The working week is from Monday to Friday from 0900 to 1245 and from 1400 until 1630. The currency in Lesotho is the Maloti (M), which is used alongside the South African rand (ZAR), with the Maloti currently being at the same exchange rate to the South African rand.
Mali
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Mali is a landlocked country found in West Africa. Mali borders Algeria, Burkina Faso, Guinea, Ivory Coast, Mauritania, Niger, and Senegal. It is the eighth largest country in Africa with a population of nearly 18 million people as recorded in 2016. Only 10 per cent of the population live in the north, which represents nearly two-thirds of the country. While rich in minerals and oil, the north of Mali is desertified and suffers from chronic instability. The vast majority of people in Mali live in the southern region close to the Niger and Senegal rivers and far from the Sahara Desert. Rural areas account for 59 per cent of the population. The capital city is Bamako which is the only town in Mali with more than 1 million inhabitants and is the main commercial and industrial centre in the country. The second biggest city in terms of population is Sikasso with approximately 130,000 inhabitants.
Mauritania
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Islamic Republic of Mauritania is found in north-west Africa, bordering the Atlantic Ocean, a disputed region of Morocco (Western Sahara), Algeria, Senegal, and Mali. It is the eleventh largest country in Africa (1.030 million square kilometres (km)) with a population of about 4.3 million in 2016. Its population density of 3.9 inhabitants per square kilometre makes it the fourth least densely populated country in Africa. Mauritania is a desert country with as little as 0.5 per cent of its land being considered arable. Its capital city is Nouakchott which is also the biggest city in terms of inhabitants. Other main towns are Nouadhibou, Rosso, Atar, Tidjika, and Néma. The majority of the population, however, lives in rural areas.
Somalia (including Somaliland)
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

Somalia is located in the Horn of Africa. It has a total area of 637,657 km with an estimated population of 10.4 million. The capital is Mogadishu. In 1960, the two regions of British Somaliland and Italian Somaliland united to form the Somali Republic. Somalia collapsed into anarchy following the overthrow of the military regime of President Siad Barre in 1991. Official working hours in Somalia are from Saturday to Thursday, beginning at 0800 and ending at 1400. The currency of Somali is the Somali shilling (Sh.So).
Zimbabwe
Authors: Schneider Marius , Ferguson Vanessa
Published: March 2021

The Republic of Zimbabwe is a landlocked country in southern Africa and is bordered by Botswana, Zambia, Mozambique, and South Africa, with a total area of 386,847 Aquare kilometres (km) and a population of 16.53 million. Zimbabwe’s capital and largest city is Harare, with a population of 1.56 million people. Other large cities include Bulawayo, Chitungwiza, Mutare, and Gweru. The currency of Zimbabwe is the Zimbabwean dollar. Zimbabwe has not had its own independent currency for a decade, relying instead on the US dollar and a local money system pegged to the US dollar. In June 2019, the Zimbabwean authorities reintroduced the Zimbabwean dollar as the country’s sole legal tender. Working days are normally Monday to Friday from 0800 to 1630.
Introduction
Authors: Susskind Richard
Published: March 2021

I often wonder what Rosa Susskind will think of this book in years to come. Rosa, to whom this work is lovingly dedicated, is my first grandchild. She was born in early 2018 and joined us at a time of remarkable technological change. Projecting forward to, say, 2039, when Rosa will turn 21, I expect our world will be a very different place, in some ways as alien to us today as a distant planet. Our society will have been transformed by some technologies that already exist, by others that are emerging, and by many that are as-yet-uninvented. Perhaps Rosa will want to know, two decades hence, why her grandfather felt the need to waste his time writing a book that argued for the glaringly obvious— that in a digital society it makes sense for much of the work of the courts to be conducted online.
The Case for Change
Authors: Susskind Richard
Published: March 2021

More people in the world now have access to the internet than access to justice. According to the Organisation for Economic Co-operation and Development (OECD), only 46 per cent of human beings live under the protection of the law, whereas more than 50 per cent of people are now active users of the internet in one way or another. Annually, one billion people are said to need ‘basic justice care’ but in ‘many countries, close to 30 per cent of problem-owners do not even take action’. As for public funding of legal and court services, it was found in a leading global study of legal aid, involving 106 countries, that around one-third ‘have not yet enacted specific legislation on legal aid’ and that the ‘demand for legal aid for civil cases is largely unmet in most countries.’4 Meanwhile, the courts of some jurisdictions are labouring under staggering backlogs—for example, 100 million cases in Brazil (as noted), and 30 million in India. Even in those legal systems that are described as ‘advanced’, court systems are under-resourced, and the resolution of civil disputes invariably takes too long, costs too much, and the process is unintelligible to ordinary people. The broad case for change is self-evident—in varying degrees, the court systems of our world are inaccessible to the great majority of human beings.
Containing Disputes
Authors: Susskind Richard
Published: March 2021

The spirit of Tier 2 is that disputes are contained. This is instead of allowing them to escalate and fester as they so often do in the current system. To recap. Self-represented court users with a potential claim enter the online court on Tier 1. Here they are given help in assessing whether they have justiciable grievances and are also offered some guidance on the merits of their cases. On the strength of this assistance, when they learn there is little prospect of success, some or many users will no doubt decide not to proceed. Those who do elect to take their cases further will proceed into Tier 2, where a form of ‘facilitation’ takes place. This is the beginning of a more formal interaction with the online court. Depending on the sophistication of the tools made available on Tier 1, or from beyond the online court (as discussed in the previous chapter), users will pass data from their Tier 1 interactions into this next tier. If advanced systems have been used, for example, then fairly structured case summaries will be introduced. If more basic systems have been relied upon, such as simple web sites, then completed questionnaires or case summaries will be brought forward into Tier 2.
Assisted Argument
Authors: Susskind Richard
Published: March 2021

Although it is not a defining purpose of online courts to exclude lawyers from the process of litigating, they are generally conceived as a service that can be used without formal legal representation. If we are to introduce an affordable public online dispute resolution system, it makes sense to relieve parties of the expense of lawyers. However, if lawyers are not advising, how can litigants set out their stalls and make their legal arguments on their own? In Chapter 11, I discuss tools and methods to help lay people organize and classify their cases (turning a grievance into a justiciable problem) and to analyse and reason (coming to a legal view). I turn now to another self-help task that lay people must take on as users of online courts, that of arguing and persuading—presenting a case to a judge on Tier 3 (and conceivably, in a less formal way, to case officers on Tier 2). Of all the challenges that arise in the design and development of the first generation of online courts, here is perhaps the most forbidding. How can non-lawyers with no legal experience be expected to argue and persuade when barristers spend a lifetime mastering this skill?
Public Sector Technology
Authors: Susskind Richard
Published: March 2021

One of the most compelling objections to the development and delivery of public online courts is precisely that the state needs to be involved in putting the systems in place. Governments around the world have a woeful track record of implementing technology projects. Case studies abound which tell of untold wastage, wanton incompetence, and scant supervision. We know that most major public IT projects fail. As a rule of thumb, technology professionals often say that only 15–20 per cent of large public sector technology projects are successful, that is, on time, within budget, with systems that do what was wanted and was expected.
Preliminaries to Court Appearance
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

This Chapter aims to deal with what happens to a suspect between initially being questioned by a police officer about an offence and making his first court appearance. The subject is a wide-ranging one, involving evidence and constitutional law as well as procedure proper. The aim is to give an overall impression of what happens to a suspect, concentrating especially on police procedure and practice. For those aspects of the subject which are more properly the province of constitutional law or evidence (e.g., powers of arrest and search or the exclusion of inadmissible confessions), the reader is referred for details to Blackstone’s Criminal Practice 2019, especially sections D1 and F2.
Bail and Remands
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

The principal subject matter of this Chapter is bail, which may be defined as the release of a person subject to a duty to surrender to custody at an appointed time and place. The time when a person bailed is to surrender to custody may be fixed when bail is granted or, in the case of a person sent on bail to the Crown Court for trial or sentence, it may be notified to him subsequently. The place where he is to surrender is either a court or a police station, usually the former. The granting of bail in criminal proceedings is governed by the Bail Act 1976.
The Indictment
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

The indictment is the formal document containing a list of the charges against the accused, to which he pleads either guilty or not guilty at the beginning of his trial on indictment. A jury may try only one indictment at a time: Crane v DPP [1921] AC 299. The law on drafting indictments is contained principally in the Indictments Act 1915 (IA) and the CrimPR, Part 10.
Pleas
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

A trial on indictment begins with the arraignment, which consists of putting the counts in the indictment to the accused so that he can plead guilty or not guilty. The clerk reads the indictment, pausing after each count to ask those charged in it whether they plead guilty or not guilty. A plea must be taken on each count, unless it is in the alternative to another count to which the accused has already pleaded guilty. The consequences of the accused giving an ambiguous answer when asked to plead, or saying absolutely nothing, or being incapable of pleading rationally are discussed at 17.16, 17.34 to 17.35, and 17.36 to 17.41 respectively.
Your Practice
Authors: Sprack John , Engelhardt–Sprack Michael
Published: March 2021

There was a time when crime was thought to be a relatively easy option for the practitioner. The way in which it was perceived—particularly by those in the heady realms of Chancery or commercial practice—was as an area which was virtually devoid of law, and depended mainly upon a shrewd grasp of human foibles and an ability to present the facts attractively. The stereotype was perhaps best epitomized in John Mortimer’s masterly creation, Rumpole of the Bailey.
Power to Make, Amend, and Suspend Sanctions
Authors: Lodge Hugo D
Published: March 2021

The potential scope of UK sanctions has been considerably broadened by the 2018 Act. HM Government can now impose sanctions regulations considered ‘appropriate’ for a diverse range of purposes. These include those made to comply with a UN obligation or any other international obligation, for the prevention of terrorism, in the interests of national or international peace and security or, most broadly of all, to further a UK foreign policy objective. Further, the Magnitsky amendment was a late change to the Act, allowing the UK to impose sanctions on people who commit gross human rights violations. The scope of the UK sanctions regime is therefore wider post-Brexit, given UK sanctions will not effectively need approval by the twenty-seven other EU Member States in the future.
An Historical Perspective II the New Architecture (1994–2009)
Authors: Goebel Roger
Published: March 2021

With the entry into effect of the Treaty of Maastricht on 1 November 1993, the EEC Treaty was renamed the European Community Treaty (ECT), recognizing that the initial EEC had evolved beyond the economic sphere. The European Community Treaty restructured the Community’s governmental institutions, introduced major new substantial law fields, and modified its operations.
Deal Structures
Authors: Kershaw David
Published: March 2021

This Chapter considers the nature and characteristics of different deal structures: the different ways in which a control transaction can be effected. It commences with an analysis of asset deals, which - although we do not encounter in the context of the takeovers of publicly traded companies which are the subject of this book – assist in understanding the nature of other deal structures as well as understanding the ways in which deal risk can be managed and, to a limited but important extent, assist in understanding certain Code rules. The Chapter then considers direct share offers (otherwise known as contractual offers). It analyses their structure as well as the corporate, Listing Rule and third party approvals required to effect a share deal. It also considers the use of compulsory acquisition powers to acquire all the shares in the company following the contractual offer. The Chapter then considers the use of Schemes of Arrangements in control transactions. It details the different types of control schemes, namely transfer schemes and merger schemes, and considers their advantages and disadvantages as compared to contractual offers. It analyses the different stages of the scheme process and the role of the courts in each stage. The final part of the Chapter considers the operation of the UK’s cross border merger regime, introduced to implement the European Union’s Cross Border Mergers Directive.
The Mandatory Bid
Authors: Kershaw David
Published: March 2021

This Chapter explores the nature, the origins and optimality of the mandatory bid rule. It first provides an account of “voluntary” nature of the mandatory bid rule as well as the evolution of the rule from on obligation imposed on selling target directors and major shareholders to an obligation placed upon shareholders following the crossing of ownership thresholds. The Chapter outlines the contemporary mandatory bid rules, including the trigger points, the Code’s policing of the trigger points, and the distinctive and more onerous terms of a mandatory bid. The final part of the Chapter considers the justifications for, and the effects and optimality of, the rule. It concludes that the traditional rationales given in support of the rule are weak and that the theoretical case that the rule is more likely to prevent efficient or inefficient transactions is inconclusive and there are is supportive empirical evidence on either side of the debate. It seems probable that the rule affects ownership structure by deterring the formation of control blocks but whether this is a net welfare gain or loss is unclear, particularly in the UK which benefits from strong minority protection rules. Given weak rationales and this uncertainty about the effects of the rule the Chapter argues that the rule should be retained in the Code and enforced by the Panel but it should be optional for companies. Whether it applies to any particular target company should depend on whether the company has opted out of the rule through its constitution.
Original gTLDs: Registration Procedures, Registration Agreements, And Dispute Resolution
Authors: Bettinger Torsten
Published: March 2021

Before ICANN adopted the New gTLD Program, two types of gTLDs could be distinguished within the gTLDs: sponsored TLDs (sTLDs) and unsponsored TLDs (uTLDs). The uTLDs are subject to any particular user group and are managed under the general naming conventions established by ICANN for gTLDs. In contrast, sTLD must be administered by a sponsoring organization that sets the rules of administration and registration for the respective sTLD itself. They are earmarked and are only open to registration by a certain group of users specified by the Sponsoring Registry (so-called sponsored TLD community).
Poland (‘.pl’)
Authors: Ożegalska-Trybalska Justyna
Published: March 2021

Protection of industrial property in Poland, including trademarks, is governed by the Industrial Property Law (Ustawa prawo własności przemysłowej), dated 30 June 2000 (hereinafter the IPL).
Spain (‘.es’)
Authors: Guilayn Albert Agustinoy
Published: March 2021

Spanish protection for trademarks and distinctive signs is based on the provisions of Act No 17/2001 (hereinafter, the ‘Spanish Trademarks Act’ or ‘STA’), which has been in force since 2002.
Introduction and Historical Background to ICANN’s Rights Protection Mechanisms for New gTLDs
Authors: Bettinger Torsten
Published: March 2021

In 2005, in order to fulfil its mission of enhancing competition, innovation and consumer choice in the generic top-level domains (gTLDs), ICANN’s Generic Names Supporting Organization (GNSO) began a policy development process to consider the introduction of new gTLDs after the trial rounds conducted in 2000 and 2003. With the dramatic global increase in Internet usage, and its adoption as a permanent fixture in the business world, the number of attractive, short domain names available on the open market has decreased rapidly in recent years.
Major Types Of Creditor Schemes In A Corporate Restructuring Context
Authors: O’Dea Geoff , Long Julian , Smyth Alexandra
Published: March 2021

In the corporate restructuring area, schemes are usually proposed by the debtor outside of insolvency. (Though they could be combined with administration to take advantage of the powers of administrators under Schedule B1 to the Insolvency Act 1986 or to seek recognition across the EU under the Insolvency Regulation, for example.) The three major types of schemes commonly proposed in this area are minorities schemes, secured debt transfer schemes, and unsecured debt transfer schemes. These are considered in turn in this chapter. Schemes are also used in many other contexts, including in liquidation, to deal with employment claims, and by insurance companies as a means of establishing rules for adjudicating claims, segregation of assets, and agreeing a payment mechanism and timetable for such payments in order to minimise delays from having to litigate, and quantify claims.
National Report for Canada
Authors: Shea E Patrick
Published: March 2021

In Canada, there is a variety of proceedings that can be employed to liquidate or reorganize insolvent debtors. While there are common themes and principles, the specific treatment of contracts entered into by the insolvent debtor prior to the commencement of the proceeding varies from proceeding to proceeding.
National Report for South Africa
Authors: van der Linde Kathleen
Published: March 2021

The prominent divide between bankruptcy and reorganization procedures in South African insolvency law is also evident in the treatment of executory contracts. The general position in both types of proceedings is that executory contracts are not automatically terminated. The commencement of proceedings affects or may affect the other contract party’s ability to exact performance under the contract, who may then claim damages for non-performance. This broadly similar result is, however, based on different legal constructions for bankruptcy and reorganization, and may lead to different practical outcomes. Each type of proceeding also has its own set of exceptions to the general rule.
National Report for the United States
Authors: Kilborn Jason
Published: March 2021

The way the US Bankruptcy Code treats executory contracts is broadly reflective of three major themes that characterize US insolvency policy generally, including in its evolution over time. First, the Code vests the estate administrator with wide-ranging power to reject and minimize the burden of unfavourable contracts, select and enjoy the advantages of favourable contracts, and even assign the advantages of favourable contracts to third parties for the benefit of the estate. This approach prevails in both liquidation and reorganization cases. In reorganization cases, the appearance usually is that the debtor is allowed to take ‘unfair’ advantage of contract counterparties, since the debtor itself, as debtor-in-possession (‘DIP’), seems to be reaping the benefits while externalizing the burdens onto individual contract counterparties. While the Code refers to the ‘trustee’ as the entity empowered to administer contracts in insolvency, the Code makes it clear that the references to ‘trustee’ are largely confined to liquidation cases, and the DIP exercises the trustee’s powers in reorganization cases.
Similarity of Goods and Services
Authors: Fhima Ilanah , Gangjee Dev S.
Published: March 2021

An action lies for likelihood of confusion where the parties’ goods are either identical or similar. Generally, it is relatively straightforward to ascertain whether goods or services are identical, and even if it is not, there is always the fallback of arguing that the goods are similar. Therefore, this chapter concentrates on how similarity of goods can be demonstrated. Although the assessment of similarity of goods is arguably more straightforward than that for similarity of marks, it nevertheless involves an assessment and balancing of a number of factors which may suggest contradictory outcomes. Unlike similarity of marks, not every factor is considered in every case, and in many cases just a couple of the factors are considered, adding a degree of unpredictability to the test. A potential added complication is that, in line with the global appreciation approach to assessing likelihood of confusion, the degree of similarity of goods required in any one case should depend on the level of similarity of marks and the distinctiveness of the senior marks.
Products Within The Strict Liability Regime
Authors: Fairgrieve Duncan , Goldberg Richard
Published: March 2021

Before liability is incurred under the Consumer Protection Act 1987, a product containing a defect must cause damage. Section 1(2) of the Act provides a definition of ‘product’. It states that ‘product’ means ‘any goods or electricity and … includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise’. Notwithstanding the short title of the Act, the definition of product is sufficiently broad to have a wider application than merely to consumer goods. For example, disasters resulting from chemicals or aircraft could be litigated under the Act, as could asbestos and other toxic substances which have given rise to much litigation in the United States.
Statutory Defences to Liability
Authors: Fairgrieve Duncan , Goldberg Richard
Published: March 2021

Section 4 of the Consumer Protection Act 1987 provides a number of defences to liability which mirror those provided by Article 7 of Council Directive 85/374/EEC (the Product Liability Directive). By s 1(1), the Act and hence the defences must be construed so as to give effect to Article 7 and consistently with it. The defences cover such matters as:
The Producer’s Liability in Negligence
Authors: Fairgrieve Duncan , Goldberg Richard
Published: March 2021

Although the provisions of Pt I of the Consumer Protection Act 1987 imposing strict liability for damage caused by defective products are the primary source of tortious liability in the area covered by this work, they are by no means the sole such source. This is principally because of the limitations which have been placed on the scope of the Act. These affect such issues as the persons who are potentially subject to liability, the types of damage or loss covered, and in particular the exclusion of damage to commercial property, the incidence of limitation periods, and the fact that the Act does not apply to products which the defendant supplied before it came into force on 1 March 1988. Moreover, even where the Act is potentially applicable it will often be considered prudent to pursue alternative sources of liability, notably those which arise under the general law of negligence. Certainly, this has been the experience of the position in the United States. Nonetheless, in reading the text which follows it should be remembered that nowadays the Act is the most obvious source of liability in most cases in which it is claimed that a defective product has caused death, personal injury, or damage to what may be broadly termed consumer property.
Intrusion Into Physical Privacy
Authors: Moreham N A
Published: March 2021

It is possible to breach a person’s privacy without disseminating any information about him or her. Surreptitiously videoing people in their homes or offices, relentlessly pursuing them for an interview or photograph, hacking their voicemail messages, or using a bugging device to record their conversations all interfere with this non-informational aspect of their privacy.
Practice and Procedure
Authors: Warby Mark , Munden Richard , Santos Julian
Published: March 2021

In privacy cases lawyers often need to advise at speed on a number of practical and procedural issues. Claimants and defendants will need advice on whether to pursue regulatory or legal routes; if the latter, who can and should sue or be sued; in which court or courts; what causes of action can be relied on; what interim orders to seek and how; and a host of other issues. This chapter identifies and offers practical guidance on some important procedural issues in these areas. It seeks to provide, or show where in this work to find, answers to these simple questions: who, where, what, and how? The chapter does not set out to cover the entire procedural process, but focuses instead on issues most likely to be of interest in relation to privacy claims.
Historical Overview: The Drafting of the Regulation and its Precursors
Authors: Fletcher Ian F
Published: March 2021

This introductory chapter briefly reviews the development and adoption of Council Regulation (EC) 1346/2000, the Regulation on Insolvency Proceedings in the EU. It describes two principal phases that led to its formation. The first phase covers the period of 1960–1980, when the six original Member States worked on and published the Preliminary Draft Convention. The Draft contained a three-tier hierarchy of jurisdictional criteria linking the debtor to the territory of the state in which proceedings could be opened. Unfortunately, the Draft is considered to be a failure due to the shortcomings of the jurisdictional rules. The second phase started in 1989 and formed another Convention which drew from the Phase I Draft EC Convention and the Istanbul Convention. This eventually became Regulation 1346/2000, which contained provisions that were more workable and politically acceptable over matters of credit, security, and insolvency.
The Effect of the Regulation on Cross-Border Security and Quasi-Security
Authors: Isaacs Stuart , Toube Felicity , Segal Nick , Marshall Jennifer
Published: March 2021

This chapter examines the impact of insolvency proceedings recognized by the Regulation on the rights of secured creditors, particularly the rights of such creditors to enforce their security and participate in the relevant insolvency proceedings. It also considers the impact of the Regulation on banks which hold security/quasi-security, addressing in particular the cross-frontier security rights of banks which hold security over the assets of companies or persons who enter into insolvency proceedings regulated by the Regulation, and the effect of those insolvency proceedings on the banks’ security interests. The chapter identifies those Articles of the Regulation which are particularly relevant to the position of a bank as a secured creditor, addresses the interpretation of those provisions (including the identification of difficult points of construction), and considers the practical aspects and the issues which are likely to face banks seeking to enforce security following the Regulation coming into force.
DUTY OF CARE
Authors: Fairgrieve Duncan , Squires QC Dan
Published: March 2021

In order to succeed in a negligence action, the claimant must establish that he or she was owed a ‘duty of care’ by the defendant. The following chapter examines the tests the courts apply to determine whether a duty is owed. It also considers the impact of jurisprudence of the European Court on Human Rights on imposition of a duty, and the particular difficulties imposing a duty in cases of pure economic losses, psychiatric harm and omissions. Not all aspects of duty of care are considered in this chapter. We examine whether imposition of a duty is fair, just, and reasonable in Chapter 4 and the related issue of justiciability in Chapter 2.
Diabetes in pregnancy and risk of near-miss, maternal mortality and foetal outcomes in the USA: a retrospective cross-sectional analysis
Authors: Tavera Gabriella , Dongarwar Deepa , Salemi Jason L , Akindela Oyinkansola , Osazuwa Itohan , Akpan Eyerusalem B , Okolie Ugonna , Johnson Marilynn , Spooner Kiara K , Akpan Ubong I , Yusuf Korede K , Chukwudum Chidinma , Salihu Hamisu M , Olaleye Omonike A
Published: March 2021

Background

The prevalence of diabetes in pregnant women has increased in the USA over recent decades. The primary aim of this study was to assess the association between diabetes in pregnancy and maternal near-miss incident, maternal mortality and selected adverse foetal outcomes.

Methods

We conducted a retrospective, cross-sectional analysis among pregnancy-related hospitalizations in USA between 2002 and 2014. We examined the association between DM and GDM as exposures and maternal in-hospital mortality, maternal cardiac arrest, early onset of delivery, poor foetal growth and stillbirth as the outcome variables.

Results

Among the 57.3 million pregnant women in the study population, the prevalence of GDM and DM was 5.4 and 1.3%, respectively. We found that pregnant women with DM were three times more likely to experience cardiac arrest (OR = 3.21; 95% CI = 2.57–4.01) and in-hospital maternal death (OR = 3.05; 95% CI = 2.45–3.79), as compared to those without DM. Among pregnant women with GDM and DM, the risk for early onset of delivery was higher, compared to women without GDM or DM.

Conclusion

A diagnosis of diabetes prior to pregnancy contributes significantly to the risk of maternal cardiac arrest, maternal mortality and adverse foetal outcomes.
William Owen Pughe and Romantic Rewritings of the Poetry of Llywarch Hen
Authors: Kaminski-Jones Rhys
Published: March 2021

This article details the Romantic-era reception of mediaeval Welsh poetry ascribed to the bard Llywarch Hen, which was first translated and published by William Owen Pughe in the early 1790s. Llywarchian poetry, under-acknowledged by the anglophone critical tradition, is revealed as a significant overlooked source within Romantic-era bardic revivalism, in part thanks to Owen Pughe’s prominence in Romantic literary networks. Owen Pughe’s translations are positioned in relation to Macpherson’s Ossian, and interpreted as attempts to capitalize on the allure of Ossianic tropes whilst simultaneously placating anti-Ossianic scepticism. The article then goes on to examine the use of these translations in works by Robert Southey, Walter Scott, and Felicia Hemans, all of whose receptions of the material were mediated by Owen Pughe himself. Throughout, the ambivalence of critical and authorial pronouncements on the translations is contrasted with the evident fascination they elicited in Romantic authors, with this tension examined in relation to recent critical debates about authority and revivalist efficacy in Romantic literary antiquarianism. The article ends by using R. S. Thomas’s reception of Llywarch in the 1970s to connect Romantic and modern adaptations of this material, establishing a Llywarchian chain of influence in archipelagic British literature that deserves further critical engagement.
Real and Private-Value Assets
Authors: Goetzmann William N , Spaenjers Christophe , Van Nieuwerburgh Stijn
Published: March 2021

Real and private-value assets—defined here as the sum of real estate, infrastructure, collectibles, and noncorporate business equity—compose an investment class worth an estimated $84 trillion in the U.S. alone. Furthermore, private values can affect pricing in many other financial markets, such as that for sustainable investments. This paper introduces the research on real assets and private values that can be found in this special issue. It also reviews recent advances and highlights new research directions on a number of topics in the real assets space that we believe to be particularly important and exciting.
MTX optimization or adding bDMARD equally improve disease activity in rheumatoid arthritis: results from the prospective study STRATEGE
Authors: Gaujoux-Viala Cécile , Hudry Christophe , Zinovieva Elena , Herman-Demars Hélène , Flipo René-Marc
Published: March 2021

Objectives

The STRATEGE (Therapeutic Strategy in Patients Treated With Methotrexate for Rheumatoid Arthritis) study aimed to describe treatment strategies in current practice in RA biologic DMARD (bDMARD)-naïve patients with an inadequate response to MTX therapy, and to compare clinical efficacy of the different therapeutic strategies on disease activity after 6 months.

Methods

The main inclusion criteria of this prospective, observational, multicentre study were confirmed RA diagnosis, treatment by MTX monotherapy and need for therapeutic management modification.

Results

The 722 patients included had a mean (s.d.) RA duration of 5.3 (6.7) years, a mean DAS28 of 4.0 (1.1); they were all receiving MTX monotherapy, 68% oral, at a mean dose of 15.0 (4.1) mg/week. Two major strategies were identified: (i) MTX monotherapy dose and/or route optimization (72%) and (ii) bDMARD initiation ± MTX (16%). MTX dosing was modified for 70% of patients, maintained (dose and route) for 28% of patients and interrupted for 2%. bDMARDs were started when the MTX mean dose was 17.4 mg/week, 56% parenterally; MTX was maintained concomitantly for 96% of patients. Six-month follow-up results adjusted by propensity score showed that both options were equally successful in improving disease activity and physical function, with 63 and 68% of good-to-moderate EULAR responses, respectively.

Conclusion

The STRATEGE study shows the importance of initial MTX treatment optimization before initiation of a biological treatment and emphasizes the importance of treat-to-target strategy.

Trial registration

ClinicalTrials.gov NCT02288520.
Morbidity and mortality in adult-onset IgA vasculitis: a long-term population-based cohort study
Authors: Nossent Johannes , Raymond Warren , Isobel Keen Helen , Preen David , Inderjeeth Charles
Published: March 2021

Objectives

With sparse data available, we investigated mortality and risk factors in adults with IgA vasculitis (IgAV).

Methods

This was an observational population-based cohort study using state-wide linked longitudinal health data for hospitalized adults with IgAV (n = 267) and matched comparators (n = 1080) between 1980 and 2015. Charlson comorbidity index (CCI) and serious infections (SIs) were recorded over an extensive lookback period prior to diagnosis. Date and causes of death were extracted from the Western Australia Death Registry. Mortality rate (deaths/1000 person-years) ratios (MRRs) and hazard ratio (HR) for survival were assessed.

Results

During 9.9 (9.8) years lookback patients with IgAV accrued higher CCI scores (2.60 vs 1.50, P < 0.001) and had higher risk of SI (OR = 8.4, P < 0.001), not fully explained by CCI scores. During 19 years’ follow-up, the rate of death in patients with IgAV (n = 137) was higher than in comparators (n = 397) (MRR = 2.06, 95% CI: 1.70–2.50; P < 0.01) and the general population (standardized mortality rate ratio = 5.64, 95% CI: 4.25, 7.53; P < 0.001). Survival in IgAV was reduced at 5 (72.7 vs 89.7%) and 20 years (45.2% vs 65.6%) (both P < 0.05). CCI (HR = 1.88, 95% CI: 1.25, 2.73; P = 0.001), renal failure (HR = 1.48, 95% CI: 1.04, 2.22; P = 0.03) and prior SI (HR = 1.48, 95% CI: 1.01, 2.16; P = 0.04) were independent risk factors. Death from infections (5.8 vs 1.8%, P = 0.02) was significantly more frequent in patients with IgAV.

Conclusion

Premorbid comorbidity accrual appears increased in hospitalized patients with IgAV and predicts premature death. As comorbidity does not fully explain the increased risk of premorbid infections or the increased mortality due to infections in IgAV, prospective studies are needed.
Assess and Address Vestiges of Childhood Trauma in the Social Work Classroom
Authors: Lyter Sharon Colleen
Published: March 2021

Studies indicate that, for some, the appeal of the helping professions—including medicine, psychology, and social work—is their own history of trauma. Often labeled “wounded healers,” these people are believed to be motivated to help others, in part, by their own wounds. As social work educators, we have an obligation to remain informed about this phenomenon. Rates of depression and suicide as well as the important role of adverse childhood experiences (ACEs) in the lives of professional helpers behoove us to assess the challenges and provide effective classroom management and methods. This quantitative design, with consideration of action and translational research, included use of the Adverse Childhood Experiences, Brief Resilience, and Life Satisfaction scales. The BSW and MSW students in the study were found to have relatively high levels of adverse childhood experiences but also overall positive scores in resilience and life satisfaction. No relationship was found between ACEs and either brief resilience or life satisfaction. A low positive correlation was found between resilience and life satisfaction. The lower scores among non-White cultural groups demand further inquiry.
CDKN2A deregulation in fatty liver disease and its accelerative role in the process of lipogenesis
Authors: Zhang Zhi , Wen Huiqing , Peng Bangjian , Weng Jun , Zeng Fanhong
Published: March 2021

Previous literature has indicated that cyclin‐dependent kinase inhibitor 2 A (CDKN2A) is upregulated, while the Protein Inhibitor of Activated STAT1 (PIAS1) is downregulated in the liver tissues of obese mice. The current study aimed to investigate the relationship between CDKN2A and PIAS1 in the lipogenesis of fatty liver disease. In the C57BL/6J db/db mouse model and hepatocyte model of fatty liver, the expression pattern of CDKN2A, PIAS1, Protein arginine methyltransferase 1 (PRMT1) and CASP8 and FADD‐like apoptosis regulator (CFLAR) was characterized by RNA quantitative and Western blot analysis. The lipogenesis‐related genes (Srebp1c and Fas) in the liver tissues and cells were employed in the assessment of lipogenesis in response to gain‐ or loss‐of‐function of CDKN2A, PIAS1, PRMT1, and CFLAR, while triglyceride and fat content were evaluated in relation to fat accumulation. Western blot analysis was conducted to determine c‐Jun amino‐terminal kinase (JNK) phosphorylation, while the ubiquitination of CFLAR and SUMOylation of PIAS1 was examined by immunoprecipitation. PIAS1 and CFLAR were downregulated, while CDKN2A, PRMT1, and phosphorylation of JNK was elevated in the tissues and cells of the fatty liver models. Our results suggested that CDKN2A enhanced the SUMOylation of PIAS1 to reduce the expression of PIAS1. PRMT1 downregulated CFLAR by triggering its ubiquitination, while CFLAR repressed phosphorylation of JNK. The in vitro and in vivo results indicated that CDKN2A silencing prevented lipogenesis and fat accumulation by impairing the PRMT1‐dependent ubiquitination of CFLAR and blocking the phosphorylation of JNK. Taken together, the central observations of our study demonstrate that targeting CDKN2A contributes to the suppression of lipogenesis and fat accumulation in fatty liver disease. The findings of our study highlight the potential of CDKN2A as a promising target against fatty liver.