bluuebunny/crossref_metadata_2025_split huggingface dataset:
Avoidance Powers Under The Companies Act 2006
Authors: Parry Rebecca , Shivji Sharif 
Published: March 2021

Abstract
As an alternative, or in addition, to the avoidance provisions available under the Insolvency Act 1986 a transaction may, in an appropriate case, be challenged under provisions of the Companies Act 2006 as a transaction exceeding constitutional limitations. Other directors’ duties may also be raised in an action, such as the duty to act in good faith to promote the success of the company.
Limitation Periods
Authors: Parry Rebecca , Ayliffe James 
Published: March 2021

Abstract
The legislation does not deal expressly with the issue of what limitation periods are applicable to the transaction avoidance provisions. This is an issue which has, however, been addressed in case law. The basic position will be set out in this chapter. In summary, there is no general rule that actions by office holders are not subject to the rules of limitation and the issue of what time limits are applicable would appear to turn on the form of relief that the office holder is seeking. The position will also be affected if the action can be said to be based on the fraud of the defendant. The office holder would be well advised, however, to ensure that, as far as possible, the action is not delayed as this may lead to a striking-out action under the Civil Procedure Rules. Reference should be made to specialist works on limitation periods for further details of this area of law.
EU Institutions Representing Member States’ Governments
Authors: Dumitriu Segnana Eugenia , de Gregorio Merino Alberto 
Published: March 2021

AbstractThe Council of the European Union (EU) occupies a central place in the Economic and Monetary Union (EMU), even more so than in any other Union policies. It exercises in this area a variety of roles going from a forum for coordination of national policies to legislative functions and executive powers. The different crises that affected the Union and in particular the euro area in the last ten years have strengthened its prominent position, in no small part due to the Council’s ownership by the Member States. Alongside the Council, the Euro Group, which is presided by a fixed-term president, has developed itself as the informal forum where Ministers from the Member States whose currency is the euro discuss matters of common interest. Its role has been decisive, in particular in the Cypriot and Greek crisis, which could have put into question the very existence of the euro area as a whole.
Eu Fiscal Governance on The Member States: The Stability and Growth Pact and Beyond
Authors: Keppenne Jean-Paul 
Published: March 2021

AbstractAs explained in the previous chapter, the Maastricht Treaty put in place a mild system of coordination in the area of economic policy, in particular fiscal policy. The Member States keep conducting their fiscal policy, particularly the adoption of budgets and the exercise of taxation power which are at the core of the sovereignty of the states. The Member States thus remain largely sovereign with regard to the conduct of their budgetary policies given that their annual budget, as well as their longer-term fiscal planning are still decided by the national authorities. The Union has no competence to interfere directly in this area acting in place of the national authorities. Notably, no veto right is provided, and the Union could not somehow prevent the adoption of national budgets.
Introduction
Authors: Anderson Hamish 
Published: March 2021

Abstract
The title of this short book borrows from those of the White Paper, A Revised Framework for Insolvency Law, which preceded the 1985/86 reform of insolvency law, and, more recently, the Insolvency Service’s May 2016 consultation paper, A Review of the Corporate Insolvency Framework. The book is an examination of the purposes of English corporate insolvency law and the various rules and procedures for dealing with insolvent companies under the Insolvency Act 1986.
Expenses
Authors: Anderson Hamish 
Published: March 2021

Abstract
Insolvency proceedings inevitably entail cost. In addition to the office-holder’s remuneration, there will be a wide range of other expenses—partly arising out of getting in the company’s assets and making such distributions as the proceeds permit but also arising out of discharging compliance obligations. However, an office-holder does not generally have any personal liability for the expenses which he incurs unless he enters into a contract in his personal capacity or incurs costs in the unsuccessful pursuit of litigation brought in his own name.
Article 2 Material scope
Authors: Kranenborg Herke 
Published: March 2021

Abstract
The protection afforded by this Regulation should apply to natural persons, whatever their nationality or place of residence, in relation to the processing of their personal data. This Regulation does not cover the processing of personal data which concerns legal persons and in particular undertakings established as legal persons, including the name and the form of the legal person and the contact details of the legal person.
Article 4(6). Filing system
Authors: Tosoni Luca 
Published: March 2021

Abstract
In order to prevent creating a serious risk of circumvention, the protection of natural persons should be technologically neutral and should not depend on the techniques used. The protection of natural persons should apply to the processing of personal data by automated means, as well as to manual processing, if the personal data are contained or are intended to be contained in a filing system. Files or sets of files, as well as their cover pages, which are not structured according to specific criteria should not fall within the scope of this Regulation.
Article 4(13). Genetic data
Authors: Bygrave Lee A , Tosoni Luca 
Published: March 2021

Abstract
Article 4(1) (Definition of ‘personal data’) (see too recital 26); Article 4(15) (Definition of ‘data concerning health’) (see also recital 35); Article 4(16) (Definition of ‘biometric data’) (see too recital 51); Article 9(1) (Processing of special categories of personal data) (see also recital 53); Article 22(4) (Automated individual decision-making, including profiling) (see also recital 71); Article 35(3)(b) (Data protection impact assessment) (see too recital 91).
Article 4(17). Representative
Authors: Tosoni Luca 
Published: March 2021

Abstract
Article 13(1)(a) (Information to be provided to the data subject); Article 14(1)(a) (Information to be provided to the data subject); Article 27 (Representatives of controllers or processors not established in the Union); Article 30 (Records of processing activities); Article 31 (Cooperation with the supervisory authority); Article 58(1)(a) (Powers of supervisory authorities).
Article 6 Lawfulness of processing
Authors: Kotschy Waltraut 
Published: March 2021

Abstract
Article 4(11) (Definition of consent) (see also recital 32); Article 7 (Conditions for consent); Article 8 (Conditions applicable to child’s consent); Article 9(2) (Processing of special categories of personal data) (see also recital 51); Article 5 (Principles relating to processing of personal data) (see too recital 39); Article 23 (Restrictions) (see also recital 73); Article 89 (Safeguards relating to processing for archiving, research and statistical purposes) (see too recitals 156–163).
Article 27 Representatives of controllers or processors not established in the Union
Authors: Millard Christopher , Kamarinou Dimitra 
Published: March 2021

Abstract
Article 3 (Territorial scope) (see also recitals 23–24); Article 4(17) (Definitions); Article 9 (Processing of special categories of personal data) (see also recitals 10, 51–54); Article 10 (Processing of personal data relating to criminal convictions and offences) (see also recital 97); Article 13 (Information to be provided where personal data are collected from the data subject) and Article 14 (Information to be provided where personal data have not been obtained from the data subject) (see also recitals 60–62); Article 30 (Records of processing activities) (see also recital 82); Article 31 (Cooperation with the supervisory authority); Article 35 (Data protection impact assessment) (see also recitals 89–93); Article 36 (Prior consultation) (see also recital 94); Article 79 (Right to an effective judicial remedy against a controller or processor) (see also recital 145).
Article 39 Tasks of the data protection officer
Authors: Rigaudias Cecilia Alvarez , Spina Alessandro 
Published: March 2021

Abstract
Article 30 (Records of processing activities) (see too recital 82); Article 33 (Notification of a personal data breach to the supervisory authority) (see too recital 85); Article 35 (Data protection impact assessment) (see too recitals 90–91); Article 36 (Prior consultation) (see too recital 94); Article 37 (Designation of the data protection officer) (see too recital 97); Article 38 (Position of the data protection officer) (see too recital 97); Article 47 (Binding corporate rules) (see too recital 108); Article 57 (Tasks of supervisory authorities) (see too recital 122).
Article 66 Urgency procedure
Authors: Georgieva Ludmila 
Published: March 2021

Abstract
Article 4(21)–(22) (Definitions, supervisory authority and supervisory authority concerned); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned); Article 61 (Mutual assistance) (see too recital 133); Article 62 (Joint operations of supervisory authorities) (see too recital 134); Article 63 (Consistency mechanism) (see too recital 135); Article 64 (Opinion of the Board), Article 65 (Dispute resolution by the Board) (see too recital 136); Article 70 (Tasks of the Board) (see too recital 136).
Article 87 Processing of the national identification number
Authors: Van Eecke Patrick , Šimkus Anrijs 
Published: March 2021

Abstract
Member States may further determine the specific conditions for the processing of a national identification number or any other identifier of general application. In that case the national identification number or any other identifier of general application shall be used only under appropriate safeguards for the rights and freedoms of the data subject pursuant to this Regulation.
Article 94 Repeal of Directive 95/46/EC
Authors: Moore Dominique 
Published: March 2021

Abstract
References to the repealed Directive shall be construed as references to this Regulation. References to the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established by Article 29 of Directive 95/46/EC shall be construed as references to the European Data Protection Board established by this Regulation.
Mistake, Rectification, and Hastings-Bass
Authors: Taube Simon 
Published: March 2021

Abstract
For centuries the courts of equity have had a well-recognized jurisdiction to give relief against the consequences of mistakes in a variety of contexts. A defendant may, for example, rely on mistake as a defence to an action for specific performance if enforcement of the contract would cause hardship amounting to injustice because of that mistake. A claimant may seek to recover money or assets paid or transferred by mistake. However, the justification for the intervention of equity in some circumstances described in this chapter is not always mistake in the traditional equitable sense. The court also has jurisdiction to avoid or set aside actions of trust fiduciaries where the court’s reason for intervention is the fiduciary’s defective exercise of a power.
Variation and Compromise
Authors: Poulton Anthony , Richardson Luke , McKenzie Baker 
Published: March 2021

Abstract
It is a fundamental duty of trustees to act in good faith in the best interests of their beneficiaries. However, a trustee may identify a course of action that it wishes to take but which it is unable to achieve by the exercise of the powers available to the trustee in the trust deed. As a rule, a trustee must act in accordance with the terms of his trust instrument or face liability for breach of trust, and the courts have no broad, inherent power to vary a settlement because it is thought sensible or beneficial to do so. This general principle can be departed from in a limited number of circumstances, as set out in this chapter.
Bermuda
Authors: Bruce-Smith Anna , Adamson Ben 
Published: March 2021

Abstract
The UK Recognition of Trusts Act 1987 (‘RTA 1987’) was made applicable to Bermuda as of 1 June 1989 by an Order in Council from the UK government. The RTA 1987 incorporates the key provisions of The Hague Convention on the Recognition of Trusts (the ‘Hague Convention’). The Trusts (Special Provisions) Act 1989 (‘TSPA 1989’), one of Bermuda’s key trust statutes, adopted certain provisions of the Hague Convention verbatim and came into effect on 31 January 1990.
Jersey
Authors: Sanders Nigel 
Published: March 2021

Abstract
The key statutory provision in Jersey is the Trusts (Jersey) Law 1984 (as amended) (the ‘Trusts Law 1984’). The Trusts Law 1984 does not codify the Jersey law of trusts, and accordingly decisions of the Royal Court and Court of Appeal continue to develop Jersey’s customary (common law) in this area. Unless otherwise stated, references in this chapter to ‘Articles’ are to Articles of the Trusts Law 1984.
Meetings of Members Ordered by the Court
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
The two key organs of a company are the board of directors and the members of the company exercising their constitutional rights in a general meeting. Company law attaches great significance to the due convening of general meetings of shareholders. The general meeting is the forum for considering many of the essential matters relating to the company’s affairs including increasing or reducing the share capital of the company, changes to the memorandum or articles of association, alterations to the composition of the board of directors, considering the content of the company’s financial statements and approving dividends.
Meetings for the Purposes of Schemes of Arrangement
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
A scheme of compromise or arrangement may consist of a compromise or arrangement between a company and its creditors or any class of them, or between a company and its members, or any class of them. Schemes of arrangement are not a modern invention. The current legislative provisions are found in CA 2006, Part 26, ss 896–901 (inclusive), which is entitled ‘Arrangements and Reconstructions’, and which substantially reproduces the provisions in CA 1985, ss 425–427 with certain modifications to which reference will be made below. The statute applies the term ‘arrangement’ to include a reorganization of the company’s share capital by the consolidation of different classes of shares or by the division of shares into shares of different classes. CA 2006, Part 27, ss 902–941 (inclusive), deals separately with the provisions enabling the merger or division of a public company. The detailed practice and procedures governing applications for schemes of arrangement under Parts 26 and 27 are beyond the scope of this book and are referred to in this chapter only by way of summary.
Minutes of General Meetings and Decisions of Members
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
An accurate and contemporaneous record of the decisions made by a duly constituted meeting is of fundamental importance for the good administration of any organization or institution. Minutes of meetings are a means by which all those who are concerned with the efficient management of an organization are kept informed of decisions that have been made at previous meetings. Ensuring that minutes of general meetings are prepared is one of the core functions of a company secretary working in conjunction with the chairman. Minutes must provide a balanced, impartial and accurate internal record of the business transacted at any company meeting.
The Company Communications Provisions, Including Electronic Communications
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
Effective communication by a company with a wide range of persons including its members, employees, bond-holders, debenture-holders and other stakeholders is of fundamental importance to the efficient management of a company. Equally, the ability of shareholders and others to be able to send communications to a company in an orderly and timely manner is a matter of importance. Until recent times the companies legislation has always required documents, notices and other corporate literature such as reports and accounts to be sent by post or delivered to members in what in modern terminology is called ‘hard copy form’. A company’s articles of association, including the 1985 Table A, usually contain detailed provisions dealing with the service of such notices and documentation. However, electronic communication has become the preferred method for many shareholders to receive documents and communications from companies. In recent years, even before the enactment of CA 2006, a large number of public quoted companies with many thousands of members have taken active steps to encourage as many shareholders as possible to elect to receive their documentation in this way rather than in paper format through the postal system substantially for reasons of cost-saving.
Introduction to Directors’ Meetings, Written Resolutions and Directors’ Duties
Authors: Kosmin Leslie , Roberts Catherine 
Published: March 2021

Abstract
In Part 2 of this book consideration is given to the legal issues concerning meetings of directors. Companies that are registered and incorporated under the Companies Acts vary in size and complexity and as a consequence the regulation of board meetings of such companies will inevitably involve many different considerations and issues. What is required as a matter of practice in respect of the efficient management of large international companies, with many thousands of employees and multi-million pound turnover, will be different from the needs of private unquoted companies with only a few employees and a smaller sphere of operation. Although there will be variations in the procedures regulating directors’ meetings that are dependent on the particular nature of a company, there are certain matters that apply generally and constitute fundamental requirements of proper corporate governance in relation to holding valid and lawful meetings of directors. For example, all directors must be given due notice of a board meeting and receive the agenda and all relevant papers in good time prior to the meeting. The chairman of the board of directors must ensure that the conduct of the board meeting is orderly so that the members of the board may
Setting the Scene
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
Criminal trials in England and Wales take one of two forms. They are either trials on indictment or summary trials. Trial in the youth court, which might at first sight appear to be a third distinct form of trial, is in fact a special form of summary trial. Parts 2 and 3 of this book will deal in detail with, respectively, summary trial and trial on indictment. The following two Paragraphs will give an indication of the salient characteristics of the two methods of trial.
Trial of Juveniles
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
A juvenile is normally tried by magistrates in a special form of magistrates’ court, known as the ‘youth court’. In the circumstances described below, it is either obligatory or possible for a juvenile to be tried on indictment (see 11.04 to 11.15) or in the adult magistrates’ court (see 11.17 to 11.18). In all other cases, he must stay in the youth court, even if the offence charged is one which, if he were an adult, either could or would have to be tried on indictment.
Ancillary Financial Matters
Authors: Sprack John , Engelhardt–Sprack Michael 
Published: March 2021

Abstract
This Chapter deals with two ancillary financial matters which are of relevance to criminal proceedings: public funding and costs. Public funding is now governed principally by the relevant provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012 (LASPO) and the statutory instruments made under it, in particular the Criminal Legal Aid (Remuneration) Regulations 2013/435, although reference will be made to earlier enactments. Costs in criminal proceedings are governed by the Practice Direction: Costs in Criminal Proceedings [2015] EWCA Crim 1568.
Immigration Sanctions
Authors: Lodge Hugo D 
Published: March 2021

Abstract
Section 4 of the 2018 Act provides for travel bans post-Brexit. Individuals subject to travel bans are classified as ‘excluded persons’ within the meaning of section 8B of the Immigration Act 1971 (IA 1971). The banning mechanism is that section 8B IA 1971 provides that such an excluded person must be refused leave to enter or leave to remain in the UK. Any leave that this person already holds is cancelled, and any exemption from immigration control ceases to have effect.
Designated Persons and Designation Powers
Authors: Lodge Hugo D 
Published: March 2021

Abstract
At the heart of the 2018 Act, is the process by which UK Ministers can designate who is subject to targeted financial sanctions post-Brexit. OFSI at HM Treasury maintains two publicly available lists of those subject to financial sanctions. The first is a list of all the targets of asset-freezing sanctions. This is a list comprised of the names of designated persons. A second list sets out restrictions on access to capital markets, and is focused on Russian subjects, following actions to destabilize Ukraine.