bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Present Law
Authors: Ashdown Michael 
Published: March 2021

Abstract
The starting point for any consideration of the Re Hastings-Bass rule must now be the Pitt v Holt and Futter v Futter litigation, which culminated in the 2013 decision of the Supreme Court in both cases. The judgment of Lord Walker is the leading exposition of the rule, and is likely to remain so for some time. However, it is not helpful to read Lord Walker’s judgment in isolation. At first instance both Pitt v Holt and Futter v Futter were decided on the basis of law which seemed then to be well settled and entirely orthodox. However, unlike in any of the Re Hastings-Bass rule cases which preceded them, Her Majesty’s Revenue and Customs played an active role in the proceedings, and after the taxpayer succeeded at first instance in each case, obtained permission to appeal to the Court of Appeal. The present state of the law owes its shape largely to the judgment in that court of Lloyd LJ, in the first appellate decision on the Re Hastings-Bass rule, which reformulated the rule so as to accord with important principles of English equity and trusts concerning the relationship between trustees and beneficiaries, and the supervision of the court.
Problems and Issues
Authors: Ashdown Michael 
Published: March 2021

Abstract
Arguably the most practically important aspect of the Supreme Court’s decision in Pitt v Holt is Lord Walker’s treatment of reliance by trustees on professional advisers, endorsing Lloyd LJ’s approach in the Court of Appeal. In broad terms, a trustee who takes and acts on apparently trustworthy professional advice does not commit a breach of duty, even if the advice turns out to be wrong.
Trusts without Equity
Authors: Panico Paolo 
Published: March 2021

Abstract
The focus is intentionally on ‘jurisdictions that do not know equity’ but have statutory or judicial mechanisms to enforce trusts, either foreign trusts or home-grown arrangements. ‘Jurisdictions that do not know equity’ is a distinct concept from ‘non-trust jurisdictions’. In fact, this chapter explores the methods by which jurisdictions that do not include equity in their legal systems can recognize, enforce, and practise trusts.
General Duties of Directors
Authors: Arnold Mark 
Published: March 2021

Abstract
The general duties owed to a company by its directors are to be found in Part 10, Chapter 2 of the Companies Act 2006. Their codification followed the recommendation of the Law Commission and the Scottish Law Commission in their report in 1999,which itself was but the latest in a distinguished line of reports spanning the previous 100 years, most of which had recommended the introduction of a statutory statement of directors’ duties in one form or another,And several previous attempts to do so, each of which had been unsuccessful.As explained by Lord Goldsmith, the Attorney General, the purpose of codification is ‘to make what is expected of directors clearer and to make the law more accessible to them and to others’..
Civil Penalties for Market Abuse
Authors: Davis Glen , Amey Robert 
Published: March 2021

Abstract
The English law of market abuse has a long history. As early as 1285, brokers required a license to practise in the City of London. By the late seventeenth century, London was home to well-developed spot and futures markets, and the mis-selling of securities to unsophisticated investors was rife. The preamble to a statute of 1697 complained that certain traders had ‘unlawfully combined and confederated themselves together to raise or fall from time to time the Value of … Stock and Bank Bills’. This was injurious not only to the individuals deceived, but to market confidence generally.
The Law and Practice of Restructuring in the UK and US
Authors: Mallon Christopher , Waisman Shai Y , Schrock Ray C 
Published: March 2021

Abstract
This second edition provides updated and practical analysis of restructuring under English and New York Law. Since the publication of the previous edition, certain areas of restructuring law have received particular attention. Waivers, amendments, and standstills, and in particular “snooze and lose” and “yank the bank” provisions have continued to develop in the last five years as well as other refinements from the US which are being increasingly used in Europe. The mechanisms for giving effect to debt compromise arrangements, either through Schemes of Arrangement or chapter 11 pre-packs, have also developed significantly on recent years. There has been a great deal of debate surrounding restructuring and insolvency law in Europe following the recast EC Regulation on Insolvency Proceedings and further developments in various European jurisdictions. The second edition has been thoroughly updated to cover these, and all other major developments in the field to provide a complete and up-to-date guide to restructuring on both sides of the Atlantic. This work provides detailed analysis of areas associated with company restructures including tax and shareholder claims, employee and trade union matters, and pension scheme issues. Additionally the new edition features new or developed chapters on key areas of practical development such as private equity’s role in restructuring and specific issues relating to financial institutions, energy, property, airlines and shipping. With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance, and insolvency practitioners and their clients, and both financial institutions and companies looking to restructure debt, and global accountancy firms and law and business schools worldwide.
Transaction Avoidance in Offshore Jurisdictions
Authors: Ayliffe James , Sharif Shivji , Olliff-Cooper Guy 
Published: March 2021

Abstract
For regulatory and tax reasons, many businesses now choose to incorporate at least part of their corporate structure in offshore jurisdictions. Many of these jurisdictions have strong historical links to England, which is reflected in their legislation and in their adherence to the common law. Leading examples include the Crown Dependencies of Jersey and Guernsey and the Overseas British Territories of Bermuda, the British Virgin Islands, and the Cayman Islands.
Evidence Gathering
Authors: Ayliffe James 
Published: March 2021

Abstract
The Insolvency Act 1986 recognizes that an office holder, as a stranger to the affairs of the debtor, may encounter problems in trying to unravel the debtor’s past dealings, something which can be exploited by those who have entered into voidable transactions. In personal insolvency the debtor, his spouse, and his associates may well wish to conceal information about the debtor’s dealings in order to protect the transactions that the office holder is seeking to attack. Similarly, in corporate insolvency, the officers of the company and others who are involved in the company’s affairs may wish to suppress information. This situation is not helped by the fact that some of the avoidance provisions, in particular those dealing with preferences and transactions defrauding creditors, contain elements which may be difficult for the office holder to prove.
History of an Incomplete EMU
Authors: Mourlon-Druol Emmanuel 
Published: March 2021

AbstractThe Economic and Monetary Union (EMU) created in 1992 by the Maastricht Treaty was famously incomplete. The decision to create a European single currency was taken without agreeing at the same time on the introduction of traditional accompanying features of some other monetary unions, namely: substantial financial transfers from richer to less developed regions, a credible framework for macroeconomic policy coordination, and European-wide provisions for banking regulation and supervision, to name but a few. The 1992 Maastricht Treaty set out an unfinished, or ‘lopsided union’, with the predominance of monetary union over economic union. The titles of the multiple reports published since 1992, such as the Van Rompuy report of 2012, ‘Towards a Genuine Economic and Monetary Union’, the Five Presidents’ Report of 2015, ‘Completing Europe’s Economic and Monetary Union’, and the Commission’s ‘Reflection Paper on the Deepening of the Economic and Monetary Union’ of 2017 highlight this lopsidedness very well.
International Agreements of The Eu in The Field of EMU
Authors: Marise Cremona , Päivi Leino-Sandberg 
Published: March 2021

AbstractThis chapter is concerned with international agreements of the European Union (EU) in the field of Economic Monetary Union (EMU) (which for simplicity will be referred to as ‘external EMU agreements’). What treaty-making competence does the EU have in this field, how are such external agreements negotiated and concluded, and what types of agreement does the EU conclude? The focus of this chapter is thus a specific aspect of the external relations of the EU as regards EMU. And whereas the external policy-making within (formal and informal) international financial institutions, which was discussed in the previous chapter, ranges across a multiplicity of EU policy fields and competences, EMU-related treaty-making practice relates more specifically to the use of the euro as a common currency. And whereas economic policy is still primarily a Member State competence subject to EU-level coordination, monetary policy, with which these agreements are concerned, is an exclusive EU competence by virtue of Article 3(1) of the Treaty on the Functioning of the European Union (TFEU).
Objectives of The EMU
Authors: Adamski Dariusz 
Published: March 2021

AbstractThe Economic Monetary Union (EMU)–the most visible, advanced, and sophisticated field of European integration–was designed to contribute to two major rudimentary goals of the integration process, which will be referred to throughout this chapter as ‘Level 1 objectives’. One of them is economic, the other political, but ultimately both comprise two sides of the same coin. The economic goal–to stimulate trade and economic cooperation, and hence to boost economic growth and well-being of Europeans–was clearly expressed in the preparatory documents published in the run-up to the Maastricht accord. This objective dovetails with the more general ambitions of the economic integration enshrined by Article 3(3) of the Treaty on European Union (TEU): of achieving ‘the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress’, combating ‘social exclusion and discrimination’, promoting ‘social justice and protection, solidarity between generations’, and supporting ‘economic, social and territorial cohesion, and solidarity among Member States’.
European Parliament and National Parliaments
Authors: Repasi René 
Published: March 2021

AbstractThe EMU’s legitimacy is precarious. To be precise, it is not the legitimacy of the Economic and Monetary Union (EMU) as such that is precarious since it is set out in the Treaties but of acts adopted within EMU. Monetary policy acts are adopted by the European Central Bank (ECB) equipped with a Primary law independence guarantee shielding it against any sort of binding objections from Parliament(s) and governments. In economic policy coordination, the original compromise between the lack of Parliamentary control of European decision-making and the non-legally binding nature of acts taken within economic policy coordination was denounced during the various reforms made in the aftermath of the recent economic and financial crisis. Originally, the non-compliance with recommendations adopted by the Council addressing shortcomings in a Member State’s economic policy conduct would at most lead to financial sanctions in case of serious budgetary disturbances in a country whose currency is the euro.
ERM II
Authors: Neergaard Ulla 
Published: March 2021

AbstractFrom the very beginning, an essential cornerstone of the Economic and Monetary Union (EMU) has been the European Exchange Rate Mechanism II (ERM II). It has been in force since 1 January 1999, ie from the initiation of the third phase of the EMU. Its overall purpose is to link currencies of Member States outside the euro area to the euro. Its importance lies in the fact that aspiring Member States must first join the mechanism for at least two years before being admitted as members of the euro area, as ERM II ‘membership’ is one of the four convergence criteria, which are required to be fulfilled for a Member State’s eventual adoption of the euro.
EU Financial Assistance
Authors: Borger Vestert 
Published: March 2021

AbstractWith the euro crisis behind us, it is hard to picture the currency union without a rescue mechanism. Almost eight years have passed since the European Stability Mechanism (ESM) was created in September 2012. All states that once benefitted from its financial support have successfully exited their programs. A new round of institutional reform is now in the offing, with the ESM possibly getting ‘beefed up’ to a European Monetary Fund. But the currency union’s set-up has not always had assistance instruments like these at its disposal. At the start of 2010, when the crisis threatened the survival of the euro and the Union as a whole, its toolbox was empty. Or almost empty.
Financial Assistance to Non-Euro Area Member States
Authors: Thiele Alexander 
Published: March 2021

AbstractThe historic financial crisis that began on the American housing market in 2007 and from there spread all over the globe had tremendous consequences for more or less every country worldwide, especially for their respective public finances. The overall public debt level skyrocketed due to the substantial economic downfall and the necessity to bail out hundreds of financial institutions that had suffered severe losses when the American subprime market collapsed and the money markets froze. Though the States were (with tremendous help by the European Central Bank) finally successful in preventing a complete breakdown of the major financial markets, their intervention left the national budgets and the balance of payments (BOP) of several of them in a devastating condition with insolvencies only being averted by massive external and mainly financial assistance by other States and institutions (especially the International Monetary Fund (IMF)). Some of these states facing such a financial calamity were Member States of the European Union (EU)—a fact having an important normative implication: Other Member States wanting to help financially were bound by the normative framework of the European Union Treaties. And the same was obviously true for the European Union itself where it wanted to initiate any form of (financial) assistance.
Financial market regulation in the internal market
Authors: Alexander Kern , Madders Vivienne 
Published: March 2021

AbstractThe chapter considers some of the main post-crisis European Union (EU) financial legislation from the perspective of high-level principles (Level 1) that apply to credit institutions and certain investment firms under the Capital Requirements Directive IV (CRD IV), including prudential requirements to hold minimum capital and liquidity requirements and prudential governance standards. The chapter also analyzes the EU legislation that regulates investment funds and the sale of investment products and the distribution of financial products, particularly the Markets in Financial Instruments Directive and Regulation (MiFID II/MiFIR), the Undertakings for Collective Investments in Transferrable Securities (UCITS), the Personal Retail Investment Products Regulation, and the Alternative Investment Funds Managers Directive (AIFMD).
The Legality Of Responses To The Crisis
Authors: Hinarejos Alicia 
Published: March 2021

AbstractThe euro area crisis required a swift and multi-faceted response. The different facets of this response have already been discussed in this volume: first, a quick intervention was necessary in order to stabilize the situation of euro countries. To this end, several loan facilities were created, and the European Central Bank (ECB) also played an important role in calming down the markets. Second, various measures were adopted in order to improve Member States’ budgetary surveillance and economic coordination. Third, to improve financial regulation and oversight, the European Union (EU) has undertaken important reforms aimed at the creation of a stronger financial framework, and a so-called ‘banking union’ for the euro area.
Distribution of the Estate
Authors: Anderson Hamish 
Published: March 2021

Abstract
Consistently with it being a terminal insolvency procedure, distribution of the insolvent estate amongst the company’s creditors (and members in the event of a surplus) is the principal function of a liquidation. Administration is not directly comparable in this respect. Where administration is used for the purposes of rescue or restructuring, there may be no need for the administrator to make distributions but, on the other hand, it may be a ‘liquidating’ or ‘distributing’ administration where the wider powers of an administrator are used to achieve a better result for creditors than that achievable in liquidation. As explained in Chapter 8, the latter form of administration was facilitated by the Enterprise Act remodelling of the administration provisions of the Act and it is now common for an administrator with realizations available for distribution to creditors to use his own powers in that respect instead of putting the company into liquidation. The treatment of the claims of pre-proceeding creditors is the same whether distributions to them are made by an administrator exercising his own powers or by a liquidator appointed immediately following an administration.
Minority Shareholders
Authors: Joffe QC Victor , Drake David , Richardson Giles , Lightman QC Daniel , Collingwood Timothy 
Published: March 2021

Abstract
This well-established and authoritative work is the most detailed reference source on the law relating to minority shareholders. As more and more legal emphasis is put on corporate governance, and as the influence of shareholder activism continues to grow, practitioners increasingly need a source of up-to-date and detailed information on the rights and remedies available to the minority. This is the only book to focus on this increasingly topical and important subject. This sixth edition features a new chapter on share purchase orders and valuation. There is expanded coverage of the relevant non-UK authorities, including cases from Hong Kong, Singapore, the British Virgin Islands, and Cayman. There is also more detailed analysis of shareholder agreements and related developments in contract law relevant to minority shareholders (e.g., arguments around implied terms and good faith). The new edition also covers significant developments in case law, such as Eclairs Group Ltd v JKX Oil & Gas plc.
Contractual Adjudication
Authors: Coulson The Rt Hon. Lord Justice 
Published: March 2021

Abstract
Part II of the Housing Grants (Construction and Regeneration) Act 1996 (‘the 1996 Act’), as amended, requires all construction contracts to have an adjudication procedure that complies with s108: see s108(5). The same section makes plain that if the construction contract in question does not contain adjudication provisions that comply with s108(1)–(4), then the Scheme for Construction Contracts will apply. It is therefore envisaged that the construction contract will include its own adjudication provisions.
The Procedure before the Court of Justice
Authors: Naômé Caroline 
Published: March 2021

Abstract
This chapter describes the procedure before the Court of Justice in appeals, i.e. the written part (appeal application, time-limits, representation, forms of order sought, response, reply, rejoinder, cross-appeal, interventions); the oral part (hearing, Opinion of the Advocate General); the deliberation and the judgment, the disposal of the case by reasoned order; legal aid, costs and other provisions relating to the procedure. The chapter also explains the handling of the case by the departments of the Court. The last section of the chapter deals with the workload of the ECJ and the discussions about introducing a filtering system for appeals, such as a ‘leave to appeal’ mechanism.
Article 4(3). Restriction of processing
Authors: Tosoni Luca 
Published: March 2021

Abstract
Methods by which to restrict the processing of personal data could include, inter alia, temporarily moving the selected data to another processing system, making the selected personal data unavailable to users, or temporarily removing published data from a website. In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a manner that the personal data are not subject to further processing operations and cannot be changed. The fact that the processing of personal data is restricted should be clearly indicated in the system.
Article 4(16). Main establishment
Authors: Tosoni Luca 
Published: March 2021

Abstract
Article 4(7) (Definition of ‘controller’); Article 4(8) (Definition of ‘processor’); Article 4(19) (Definition of ‘group of undertakings’); Article 56 (Competence of the lead supervisory authority) (see too recitals 124–128); Article 60 (Cooperation between the lead supervisory authority and the other supervisory authorities concerned) (see too recitals 130–131); Article 65 (Dispute resolution by the Board).
Article 4(21). Supervisory authority
Authors: Bygrave Lee A 
Published: March 2021

Abstract
Article 4(22) (Definition of ‘supervisory authority concerned’); Article 51 (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 119 and 135–138); Article 68 (European Data Protection Board) (see too recital 139).
Article 4(26). International organisation
Authors: Bygrave Lee A , Tosoni Luca 
Published: March 2021

Abstract
Convention 108 as originally adopted does not expressly regulate flow of personal data to international organisations. Modernised Convention 108, however, regulates the flow of personal data from States Parties to the Convention to recipients that are ‘subject to the jurisdiction of a State or international organisation which is not Party to this Convention’.
Article 21 Right to object
Authors: Zanfir-Fortuna Gabriela 
Published: March 2021

Abstract
Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject) (see too recital 59); Article 17 (Right to erasure) (see too recital 65); Article 18 (Right to restriction of processing) (see to recital 67); Article 23 (Restrictions) (see too recital 73).
Article 26 Joint controllers
Authors: Millard Christopher , Kamarinou Dimitra 
Published: March 2021

Abstract
Article 4(7) (Definitions) (see too recital 79); Article 5 (Principles relating to the processing of personal data) (see too recital 39); Article 24 (Responsibility of the controller) (see too recital 74); Article 28 (Processors) (see too recital 81); Article 82 (Right to compensation and liability) (see too recital 146).
Article 44 General principle for transfers
Authors: Kuner Christopher 
Published: March 2021

Abstract
Recital 6; recital 48; recital 102; Article 45 (Adequacy decision) (see too recitals 103–107); Article 46 (Transfers subject to appropriate safeguards) (see too recitals 108–109); Articles 4(20) and 47 (BCRs) (see too recital 110); Article 48 (Transfers not authorised by EU law) (see too recital 115); Article 49 (Derogations) (see too recitals 111–114); Article 50 (see too recital 116); Article 83(5)(c) (Fines for non-compliance with data transfer restrictions); Article 96 (Relationship with previously concluded agreements of the EU Member States).