bluuebunny/crossref_metadata_2025_split huggingface dataset:
Court Hearings, Creditor Or Member Meetings and Disclosure Requirements
Authors: O’Dea Geoff , Long Julian , Smyth Alexandra 
Published: March 2021

Abstract
This chapter sets out some of the key practical points relating to the process of implementing a scheme of arrangement under Part 26 of the Companies Act 2006. It includes issues relating to the first application to the court and subsequent hearing, the sanction hearing, the member or creditor meeting(s) and the disclosure requirements imposed by the Companies Act 2006. It does not consider the additional requirements that apply in the case of a cancellation member scheme of arrangement or a member scheme to effect a takeover, as these are set out in detail in Chapters 9 and 10 respectively.
National Report for Brazil
Authors: Sztajn Rachel , Campos Salles de Toledo Paulo Fernando , Nimer Moreira da Silva Fernando César 
Published: March 2021

Abstract
The treatment of contracts in Brazilian insolvency law departs from the principle of respect for the provisions established by the parties. It may be recognized both in reorganization and liquidation proceedings, but each one of these legal disciplines has its own characteristics, directly related to the particularities of each situation. As a general rule, one may observe that, in terms of reorganization, contracts must be fully performed, unless differently provided for by the reorganization plan. In liquidation, the commitments of the debtor will be complied with by the bankrupt estate, if this compliance represents the best way for the specific case, at the discretion of the judicial administrator.
National Report for England
Authors: Cooke Charlotte , Anderson Hamish , Gullifer Louise 
Published: March 2021

Abstract
In Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd & Anor, one of the most important cases in English insolvency law in recent years, Lord Collins summarized and differentiated between two fundamental principles of English insolvency law, the anti-deprivation principle and the principle of pari passu distribution.
National Report for the Netherlands
Authors: Faber Dennis , Vermunt Niels 
Published: March 2021

Abstract
The origin of the current statutory regime dealing with contracts in insolvency dates back to the enactment of the Bankruptcy Code in 1893. The Bankruptcy Code entered into force on 1 September 1896 (and still applies today). Limited changes have subsequently been implemented to improve the statutory treatment of contracts in insolvency. Various proposals submitted in (draft) bills and in legal literature to modernize the existing legal framework have largely been disregarded by the legislator.
National Report for Spain
Authors: Tirado Ignacio , Sanchez-Paredes M Luisa 
Published: March 2021

Abstract
In Spain, the insolvency legislation in force before 2003 did not include a general regulation of the effects of insolvency on contracts. It was an outdated, fragmented regulation, which either considered the insolvency process exclusively as a mere instrument to liquidate the business/debtor’s assets (essentially in a piecemeal manner, so why bother to regulate contracts beyond their termination: quiebra, concurso de acreedores) or provided insufficient regulation (suspensión de pagos, quita y espera). The old system was embodied in different codes and laws, and only included rules concerning the effects of the opening of the different procedures on specific contracts (civil and commercial agency, sale of goods, insurance, etc).
Remedies For Breach Of The Implied Terms
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
An important characteristic of the terms as to correspondence with description, satisfactory quality, and fitness for purpose implied by ss 13 and 14 of the Sale of Goods Act 1979 is that being designated conditions their breach will prima facie entitle the buyer to reject the goods. In addition, damages may be claimed as compensation for any physical injury or property damage suffered by the buyer, provided that this is within the reasonable contemplation of the parties as being not unlikely to result from the breach. Until relatively recently it was not necessary to distinguish too closely in this context according to whether the buyer was dealing as a business or as a consumer. The same general rules applied in both cases. The introduction of the Sale and Supply of Goods to Consumers Regulations 2002 changed the position markedly in this respect by enacting additional rights for buyers who deal as consumers.
Persons Subject To Liability
Authors: Fairgrieve Duncan , Goldberg Richard 
Published: March 2021

Abstract
There is ample room for debate as to the category of persons who should be required to assume responsibility for damage caused by a defective product. The most obvious is the producer or manufacturer for usually they will have actively created the defect or at least have failed to eliminate it. However, in recognition of the fact that not all such producers will be solvent, readily identifiable, and available to be sued, it is widely recognized that others should also be potentially liable. The most obvious is the commercial importer and distributor of a defective product since in the absence of such liability an injured claimant would be left with the alternative of suing in a foreign jurisdiction. Secondly, there is the case of own-brand products. As the Law Commissions observed, many commercial organizations ‘sell products under their brand name as if they themselves had produced them, although the products were in fact made by their suppliers’.
International Protection
Authors: Annette Kur , Senftleben Martin 
Published: March 2021

Abstract
Intellectual property is often said to be an invention of the nineteenth century. It is true that the importance of incentivizing innovation and encouraging investment in creative activities was recognized on a general scale only in the wake of industrialization, leading to the enactment in many countries of patent laws, modern-style copyright laws, or industrial design laws. Before that, protection for those achievements had only been granted in the form of privileges, serving the interests of particular trades or professions, and ultimately those of the sovereign. The period of industrialization also saw the emergence of the first trade mark laws in the modern sense that entitled the proprietors of such marks to enjoin others from using the same marks or a similar sign for their own products.
Patents for Chemicals, Pharmaceuticals, and Biotechnology
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
Patents for Chemicals, Pharmaceuticals and Biotechnology is the established and highly-acclaimed introduction to patent law and practice, guiding the reader through the legal and procedural complexities of the British, European, Japanese, and United States patent systems. It explains in detail the role of patent practitioners, both in private practice and in-house, in maximising the commercial potential of their company's or client's products. The eagerly awaited new sixth edition of this highly respected text has been fully revised and updated to discuss major new developments in patent law, patent aspects of Free Trade Agreements (FTAs), developments in the area of competition law and patents, and all relevant case law of the US, UK, and the European Patent Office (EPO). This is a comprehensive and invaluable guide to this rapidly developing and increasingly globalised area of law, providing a full description of the techniques and industry know-how that underlie successful patent practice and portfolio management.
Obtaining a Granted Patent
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
The Patent Cooperation Treaty (PCT) is a special agreement under Article 19 of the Paris Convention and is open only to states that are members of the Convention. Its main purpose is to make the patent application process simpler and cheaper by having a single set of formal requirements, and a single search and publication procedure, and by postponing translation requirements until thirty months from the priority date. This chapter first discusses the procedure for filing an international application, that is, a PCT application. It then explains the International Preliminary Report on Patentability (IPRP)—a preliminary, non-binding opinion by the international preliminary examining authority (IPEA) on the novelty, inventive step, and industrial applicability of the claimed invention.
Biotechnological Inventions
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers the law governing the patentability of biological inventions, including microbiological inventions, recombinant DNA technology, and monoclonal antibody technology. Patent protection for biotechnological inventions is of immense commercial importance. But patent law and practice have been unable to keep up with the rapid scientific progress in this field; issues such as inventive step, sufficiency of disclosure, and permissible breadth of claims have proved troublesome. There has been much litigation of biotech patents and courts have found it difficult in such a rapidly moving field to determine what was the general knowledge of the skilled person at the time that the invention was made. Another problem is the opposition of special interest groups to anything related to genetic engineering, particularly the existence of patents in this area.
Patent Aspects of Licensing
Authors: Grubb Philip W , Thomsen Peter R , Hoxie Tom , Wright Gordon 
Published: March 2021

Abstract
This chapter considers the licensing of patents. When a product that a manufacturer wishes to sell or a project that it wishes to develop appears to be covered by someone else’s patent rights, it may have to approach the patentee for a licence. The licence is a non-exclusive licence under the specified patent rights, or preferably a covenant not to sue in respect of the project in question under any patent rights held by the other party. Another type of licence is one that is entered into to take over a project or a product that originated elsewhere, which may be broadly described as transfer of technology, and normally involves rights to confidential know-how, as well as under patents, trademarks and other intellectual property, such rights often being exclusive The remainder of the chapter discusses in-licensing and out-licensing, research collaboration agreements, contract research agreements, funding agreements, and compound purchase agreements.
Breach of confidence
Authors: QC Justin Rushbrooke , Speker Adam 
Published: March 2021

Abstract
This chapter is concerned with claims for what is commonly known as breach of confidence. Until quite recently, reliance on the cause of action for breach of confidence has been one of the two main ways in which claims to protect or vindicate privacy have been pursued in English law. The other, much less significant in practice, is reliance on statutory rights such as those afforded by the Data Protection Act 1998. Today, as a result of the House of Lords’ decisions in Campbell v MGN Ltd and Douglas v Hello! Ltd, it is possible to differentiate between two different kinds of claim: (i) traditional breach of confidence actions; and (ii) claims for misuse of private information. The first of these kinds of claim will be discussed in this chapter. The second, misuse of private information, is a cause of action which has developed in the present century originating in, becoming separate and distinct from, breach of confidence. It will be addressed separately in Chapter 5.
Privacy, the Internet, and Social Media
Authors: Busuttil Godwin , McMahon Felicity , Wilde Gervase de 
Published: March 2021

Abstract
The ascendancy of social media poses acute challenges for privacy. While Facebook, Twitter, YouTube, LinkedIn, and other similar services can confer major advantages on users in terms of access to information, ease of communication, and opportunities for network-building, the ordinary concomitant is a significant surrender of personal privacy. This is because participation generally entails the disclosure of, and the ceding of control over, one’s personal data. In order to join the community and enjoy the benefits of membership, a person must establish at a minimum an online contact point and identity (eg in the form of a Facebook account or Twitter profile), typically by transferring some version of his or her actual, real-world, identity to the internet. Many, of course, go much further than this, sharing online—arguably ‘oversharing’—any manner of private information concerning themselves, often with complete strangers. In most cases to do so will prove harmless, but from time to time individuals may make themselves a target.
The Insolvency Regulation as an EU Legal Instrument
Authors: Isaacs Stuart , Brent Richard 
Published: March 2021

Abstract
This chapter examines the legal attributes which the Insolvency Regulation has as an EU measure, through the Treaty on the Functioning of the European Union (TFEU), and describes the way in which it is to be understood as a matter of EU law in the UK. It also sets out the legal mechanisms established by the EU whereby solutions to questions of validity and interpretation may be obtained. Essentially, the TFEU governs the Regulation’s legal effect in the UK in many ways as it provides the legal basis for its adoption by the EU, and provides the purposive framework within which the Regulation is to be interpreted. Additionally, the TFEU also governs the Regulation’s three legal attributes: to have ‘general application’; to be ‘binding in their entirety’; and to be ‘directly applicable in all Member States’.
Arguments of Public Policy
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
Once it is determined that a claim is justiciable, whether liability will be imposed on a public authority depends on the application of ‘ordinary principles of negligence’, and this will mean that the claimant must establish he or she was owed a duty of care. Where it has been widely recognized in similar past cases that a duty of care is owed, liability is dependent only on establishing carelessness and causation, and the court will not consider the issue of ‘duty’ at all. Where it is less clear that a duty is owed, because we are dealing with a novel category of case in which duties have not been recognized previously, the tripartite test set out in the judgment of Lord Bridge in Caparo Industries Plc v Dickman, which we consider in more detail in Chapter 3, is applied. Pursuant to the test, the courts are to determine, first, whether harm was reasonably foreseeable, secondly, whether the claimant and defendant were in a sufficiently ‘proximate’ relationship to one another, and, thirdly, whether imposition of a duty of care would be ‘fair, just and reasonable’. The first two elements of the Caparo test are considered in Chapter 3. In this chapter we examine the third limb of the Caparo test.
Social Services
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
Public authorities have responsibilities towards vulnerable individuals, and are accorded powers to protect such individuals from harm. This includes the power to provide care for children, the elderly and those suffering from mental illnesses. This chapter examines the potential liabilities of such authorities in relation to harm suffered because of failures in the provision of social services, for example, where claimants were abused while in the care of the authority, or where the authority failed to protect children from abuse by their family. We also examine harm which can arise where an authority has been over-zealous, as opposed to insufficiently attentive, for example where an authority erroneously suspects that children are being abused by their parents and unnecessarily removes children from their family.
Emergency Services
Authors: Fairgrieve Duncan , Squires QC Dan 
Published: March 2021

Abstract
Various different services, under the auspices of public authorities, have been created to respond to emergencies. Some, such as fire and ambulance services, are provided pursuant to statute. Others, such as coast-guards, are not. This chapter considers the potential liability in tort of these various services. As we shall see, the existence, or otherwise, of a statutory framework covering the emergency service does not affect the scope of the common law duties of care it owes (with the possible exception of the ambulance service), and essentially the same principles apply regardless of the statutory framework. There are, however, significant differences between the way the courts treat the various emergency services, and these differences, and the reasons for them, are examined throughout the course of this chapter.
Late-in-life neurodegeneration after chronic sleep loss in young adult mice
Authors: Owen Jessica E , Zhu Yan , Fenik Polina , Zhan Guanxia , Bell Patrick , Liu Cathy , Veasey Sigrid 
Published: March 2021

Abstract
Chronic short sleep (CSS) is prevalent in modern societies and has been proposed as a risk factor for Alzheimer’s disease (AD). In support, short-term sleep loss acutely increases levels of amyloid β (Aβ) and tau in wild type (WT) mice and humans, and sleep disturbances predict cognitive decline in older adults. We have shown that CSS induces injury to and loss of locus coeruleus neurons (LCn), neurons with heightened susceptibility in AD. Yet whether CSS during young adulthood drives lasting Aβ and/or tau changes and/or neural injury later in life in the absence of genetic risk for AD has not been established. Here, we examined the impact of CSS exposure in young adult WT mice on late-in-life Aβ and tau changes and neural responses in two AD-vulnerable neuronal groups, LCn and hippocampal CA1 neurons. Twelve months following CSS exposure, CSS-exposed mice evidenced reductions in CA1 neuron counts and volume, spatial memory deficits, CA1 glial activation, and loss of LCn. Aβ 42 and hyperphosphorylated tau were increased in the CA1; however, amyloid plaques and tau tangles were not observed. Collectively the findings demonstrate that CSS exposure in the young adult mouse imparts late-in-life neurodegeneration and persistent derangements in amyloid and tau homeostasis. These findings occur in the absence of a genetic predisposition to neurodegeneration and demonstrate for the first time that CSS can induce lasting, significant neural injury consistent with some, but not all, features of late-onset AD.
Trusts and foundations move onshore in the Gulf
Authors: Russell QC David 
Published: March 2021

Abstract
Commencing in the 7th-century CE, the notion developed in Islamic jurisprudence that property, although legally owned by a person, might nonetheless be subjected to enforceable obligations that it be utilised for the benefit of specific purposes (usually religious) or, later, for individuals, be they the recipients of charity or family members. Such property was said to be in detention (“waqf”). Later, similar legal concepts developed in the common law world (in the form of trusts) and the civil law world (in the form of foundations).
In the Gulf Co-operation Council (GCC) states (the Kingdom of Saudi Arabia, United Arab Emirates, Oman, Qatar, Bahrain and Kuwait), laws of the jurisdictions recognise these concepts to varying degrees—most completely in the United Arab Emirates, where common law trusts in the financial free zones, trusts in the civil law jurisdiction, foundations, a form of statutory waqf (the endowment) and awqaf (the plural of waqf), and the Court of Appeal of the Dubai International Financial Centre (“DIFC”) has recently reviewed the application of the DIFC’s Trust and Foundations Laws with the benefit of an opinion from Shari’a scholars as to the interaction of the DIFC’s legal structures with Shari’a.
The article explores the development and interaction of these legal concepts, the role which they can play in the context of the region’s private wealth, and compares the various statutory regimes.
Cardiac injury in organophosphate poisoning after acute ingestion
Authors: Pannu Ashok Kumar , Bhalla Ashish , Vishnu R I , Garg Sahil , Dhibar Deba Prasad , Sharma Navneet , Vijayvergiya Rajesh 
Published: March 2021

AbstractIntroductionSparse data and conflicting evidence exist on the prevalence and prognosis of organophosphate (OP)-related cardiac toxicity. We aimed to characterize the cardiac abnormalities of OP after an acute cholinergic crisis in adults without previous cardiovascular conditions.Patients and MethodsWe did a prospective observational study in a tertiary-care hospital of north India (Postgraduate Institute of Medical Education and Research, Chandigarh) in 74 patients aged ≥ 13 years admitted with acute OP poisoning after self-ingestion. A systemic evaluation, including clinical characteristics, electrocardiography, and echocardiography, was performed to estimate the prevalence and prognosis of cardiac injury. A rate-corrected QT interval was calculated using Bazett’s method, and &gt;440 milliseconds was used to define prolongation.ResultsChlorpyrifos was the most commonly ingested OP (n = 29). The patients had a similar occurrence of hypotension (n = 10) and hypertension (n = 9) at admission, and electrocardiography demonstrated sinus tachycardia in 38 (51.3%) and sinus bradycardia in one case. During the hospital stay, 3 out of 74 patients had a prolonged rate-corrected QT interval (457, 468, and 461 milliseconds), and one patient developed supraventricular tachycardia. Eight (10.8%) patients developed the intermediate syndrome, and six (8.1%) died. None of the hemodynamic or electrocardiographic abnormalities was associated with in-hospital mortality or intermediate syndrome development on univariant analysis. Baseline echocardiography at hospital discharge was performed in 27 patients (admitted during 2018) and normal in all except mild tricuspid regurgitation in one. At a 6-month follow-up, 23 cases were available for cardiovascular screening (including echocardiography) and had a normal evaluation.ConclusionCardiac toxicity is uncommon after acute OP self-ingestion and lacks prognostic significance.