bluuebunny/crossref_metadata_2025_split huggingface dataset:
Article 36 Prior consultation
Authors: Rigaudias Cecilia Alvarez , Spina Alessandro 
Published: March 2021

Abstract
Article 24 (Responsibility of the controller) (see too recital 74); Article 30 (Records of processing activities) (see too recital 82); Article 35 (Data Protection Impact Assessment) (see too recital 84); Article 39 (Tasks of the data protection officer) (see too recitals 77 and 97); Article 58 (Powers of the supervisory authorities) (see too recital 129).
Article 49 Derogations for specific situations
Authors: Kuner Christopher 
Published: March 2021

Abstract
Recital 6; recital 48; Articles 13(1)(f) and 14(1)(f) (Information to a data subject); Article 15(1)(c) (Right to access information about data recipients in third countries); Article 23(2)(d) (Member States can restrict individuals’ rights but must provide for safeguards to prevent abuse or unlawful transfer) (see too recital 153); Article 28(3)(a) (Provisions of a data processing agreement stipulating controller’s instructions regarding data transfers); Article 30(1)(e) and (2)(c) (Internal records about data transfers); Article 40(2)(j) (Data transfer codes of conduct); Article 70(1)(j) (Guidelines of the Board specifying criteria for data transfers on the basis of derogations); Article 83(5)(c) (Fines for non-compliance with data transfer restrictions).
Article 51 Supervisory authority
Authors: Hijmans Hielke 
Published: March 2021

Abstract
Article 4 (21) (Definition of supervisory authority); Article 52 (Independence) (see too recitals 118 and 120–121); Article 53 (General conditions for the members of the supervisory authority) (see too recital 121); Article 54 (Rules on the establishment of the supervisory authority); Articles 55–59 (Competence, tasks and powers) (see too recitals 122–124, 129 and 132); Articles 60–62 (Cooperation) (see too recitals 125–128, 130–131 and 133–134); Articles 63–67 (Consistency) (see too recitals 135–138); Article 68 (European Data Protection Board) (see too recital 139).
Article 63 Consistency mechanism
Authors: Van Eecke Patrick , Šimkus Anrijs 
Published: March 2021

Abstract
Article 28(8) (Adopting standard contractual clauses in accordance with the consistency mechanism) (see too recital 81); Article 35(6) (Adopting rules on data protection impact assessments in accordance with the consistency mechanism); Article 40(7) (Adopting or modifying draft codes of conduct in accordance with the consistency mechanism); Article 41(3) (Adopting draft criteria for bodies monitoring codes of conduct in accordance with the consistency mechanism); Article 42(5) (Issuing certification in accordance with the consistency mechanism); Article 43(3) (Establishing criteria for certification body accreditation in accordance with the consistency mechanism); Article 46 (Using the consistency mechanism in relation to transfers subject to appropriate safeguards); Article 47 (Approving binding corporate rules in accordance with the consistency mechanism); Article 60(4) (Submitting objections of a lead supervisory authority’s draft decision to the consistency mechanism) (see too recitals 124 and 130); Article 64 (Opinion of the Board) (see too recital 136); Article 65 (Dispute Resolution by the Board) (see too recital 136); Article 66 (Urgency Procedure) (see too recital 137); Article 67 (Exchange of Information) (see too recital 168).
Article 69 Independence
Authors: Docksey Christopher 
Published: March 2021

Abstract
Article 51(1) (Supervisory authority) and Article 52 (Independence of supervisory authorities) (see too recitals 117–118 and 120–121); Article 64(2) (Commission right to request the Board concerning an opinion) (see too recitals 135–136); Article 68(5) (Participation of the Commission in the activities and meetings of the Board).
Article 84 Penalties
Authors: Lynskey Orla 
Published: March 2021

Abstract
Article 58 (Powers of supervisory authorities) (see recital 129); Article 79 (Right to an effective judicial remedy against a controller or processor) (see too recital 145); Article 82 (Right to compensation and liability) (see too recital 146); Article 83 (General conditions for imposing administrative fines) (see recitals 148 and 150).
Actors and Procedural Design
Authors: Wessels Bob , Madaus Stephan 
Published: March 2021

Abstract
This chapter covers the procedural foundation of restructuring processes and insolvency proceedings. It starts off with defining the roles of the key actors in such processes and proceedings (para 55ff) before setting out conditions for out-of-court workouts and supporting frameworks (para 224ff), the conditions for formal restructuring and insolvency proceedings (para 264ff), as well as termination of unsuccessful rescue attempts, including their conversion into another proceeding (para 318ff).
Asset Protection and Insolvency
Authors: Hilliard Jonathan , Watson Jack 
Published: March 2021

Abstract
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.
Costs
Authors: Poole Joanna , de Lacey Joseph 
Published: March 2021

Abstract
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

Abstract
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.
Preliminaries to Court Appearance
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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.
Deal Structures
Authors: Kershaw David 
Published: March 2021

Abstract
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

Abstract
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

Abstract
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).
Introduction and Historical Background to ICANN’s Rights Protection Mechanisms for New gTLDs
Authors: Bettinger Torsten 
Published: March 2021

Abstract
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

Abstract
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 South Africa
Authors: van der Linde Kathleen 
Published: March 2021

Abstract
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

Abstract
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.
Products Within The Strict Liability Regime
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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.