bluuebunny/crossref_metadata_2025_split huggingface dataset:
Private Equity and Distressed Debt Funds Emerging Role in Preventing and Participating in Restructurings
Authors: Mallon Christopher , Waisman Shai Y , Schrock Ray C 
Published: March 2021

Abstract
Private equity (‘PE’) investment and distressed debt investment covers a wide range of investment activity by pooled investment vehicles (ie, funds) in privately or publicly (through ‘take-private’ transactions or IPO’s) owned companies, using capital raised from institutional investors that are limited partners of the funds. Such investment activity can be broadly categorized according to the point at which the investment is made within the typical development cycle of a company: (i) initial venture capital provides seed capital for start-up businesses; (ii) growth capital assists early-stage companies with the growth of their operations; (iii) mezzanine financing, comprising the contribution of subordinated debt or preferred equity, provides further capital to more established businesses; (iv) leveraged buyouts (‘LBOs’) are pursued to acquire portfolio businesses with a proven track record of sales and financial performance; and (v) distressed debt investing (the focus of this chapter) which provides support to companies that are in financially precarious positions.
Obtaining A Proprietary Interest in an Unconnected Asset by Operation of Law
Authors: Calnan Richard 
Published: March 2021

Abstract
This chapter considers the circumstances in which the courts impose a proprietary interest in favour of a claimant over an asset which is not a substitute for the claimant’s own asset. It discusses when and why a constructive trust is imposed for breach of fiduciary duty. It looks at when a trust is imposed where one person uses another’s property, information, or opportunity. It considers when proprietary estoppel arises, and what its proprietary consequences are. It discusses to what extent remedial constructive trusts are available and when common law possessory liens or equitable liens are imposed.
The Anti-Deprivation Rule and the Pari Passu Principle
Authors: Parry Rebecca , Shivji Sharif , Olliff-Cooper Guy 
Published: March 2021

Abstract
The underlying principle governing the application of assets in liquidation and bankruptcy is distribution in accordance with a system of priorities in which a creditor’s place is determined according to his status prior to the commencement of insolvency proceedings and the debtor’s assets are shared among creditors rateably according to the size of their admitted claims. This scheme is commonly referred to as pari passu distribution, based on equality; however, in view of the scheme of priorities that is in operation, the term pari passu is to a large extent misleading and its continued usage has been controversial. Arguably the term ‘pari passu distribution’ is best regarded as a convenient, although not wholly accurate, shorthand term to describe the collective scheme of distribution of the debtor’s estate in insolvencies
Jurisdiction of the Court
Authors: Anderson Hamish 
Published: March 2021

Abstract
The ‘court’, for the purposes of the Act and Rules, means the court with jurisdiction to wind up a company. The High Court has jurisdiction to wind up any company registered in England and Wales. The county court has concurrent jurisdiction in respect of any company whose paid up share capital does not exceed £120,000, unless the place which has longest been the registered office of the company during the previous six months is in the London insolvency district.
The Insolvent Estate
Authors: Anderson Hamish 
Published: March 2021

Abstract
The insolvent estate is comprised of the property which is the subject matter of an insolvency proceeding. It is important that there is clarity in this respect. If the proceeding is distributive, the estate is the property which will be realized for the benefit of the creditors; if it is reorganizational, the estate is the property which will be protected by any stay and which may be the subject of the reorganization. The Act does not define the insolvent estate for the purposes of its corporate insolvency provisions; the crucial term used by the Act is ‘property’.
Investigation
Authors: Anderson Hamish 
Published: March 2021

Abstract
An office-holder cannot discharge his functions without a full understanding of the affairs, business, and property of the company. However, a significant prior professional relationship is regarded as posing a clear threat to the objectivity of an insolvency practitioner such as to make it inappropriate to accept appointment as an office-holder in insolvency proceedings relating to the company. The requirement for an office-holder to be independent of the company therefore means that he may have little or even none of the requisite knowledge prior to his appointment.
The Statutory Provisions Relating to Payment
Authors: Coulson The Rt Hon. Lord Justice 
Published: March 2021

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

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

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

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

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

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

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

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

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

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

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

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

Abstract
Article 50 (International cooperation for the protection of personal data); Article 56 (Competence of lead supervisory authority) (see too recitals 124–128); Article 57(1)(g) (Tasks of supervisory authorities); Article 60 (Cooperation between lead supervisory authority and supervisory authorities concerned) (see too recitals 130–31); Article 61 (Mutual assistance) (see too recitals 123 and 133).
Article 77 Right to lodge a complaint with a supervisory authority
Authors: Kotschy Waltraut 
Published: March 2021

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

Abstract
Article 77 (Right to lodge a complaint with a supervisory authority) (see too recital 141); Article 78 (Right to an effective judicial remedy against a supervisory authority); Article 80 (Representation of data subjects) (see too recital 142); Article 81 (Suspension of proceedings) (see too recital 144); Article 82 (Right to compensation and liability) (see too recital 146); Article 83(8) (Safeguards for imposing administrative fines) (see too recital 148).
Article 98 Review of other Union legal acts on data protection
Authors: Tosoni Luca 
Published: March 2021

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

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

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

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

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

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

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

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

Abstract
Under CA 2006, s 19 the Secretary of State has power to prescribe standard form articles of association for companies and different model articles may be prescribed for different descriptions of companies. Provision is made for private companies limited by shares, private companies limited by guarantee and public companies. They are contained in Schedules 1 to 3 of the Companies (Model Articles) Regulations 2008. It is not compulsory for companies to adopt all or any of the provisions that are contained in the model articles, and in certain situations there is much to be said for having articles that are drafted to meet the particular requirements of individual companies.
A Practical Approach to Criminal Procedure
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

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

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

Abstract
This Chapter is mainly concerned with the considerations taken into account by the police and the Crown Prosecution Service in deciding whether they should commence a prosecution and (in the case of the CPS) whether they should discontinue a prosecution already begun. First, however, it is necessary to describe briefly the way in which criminal proceedings commence. A more detailed account will be found in Chapter 3.