bluuebunny/crossref_metadata_2025_split huggingface dataset:
Rules of Evidence
Authors: Caro de Sousa Pedro 
Published: June 2024

AbstractThis chapter provides an overview of the rules of evidence. The main pillars of evidentiary rules are the idea of the burden of proof and the standard of proof, which ultimately refer to the amount and quality of evidence that the law requires for a party to prove an allegation. The chapter then discusses disclosure, a procedural mechanism through which a party to a legal dispute or a third party is forced to reveal relevant information to the other party in a case. While broader forms of disclosure are well-known in common law jurisdictions, they are of increasing relevance also in civil law jurisdictions particularly as concerns competition law disputes in order to address information imbalances between claimants and defendants. The chapter also looks into the importance of expert evidence in competition law cases and discusses the possibility of claimants gaining access to the public competition enforcement file.
Causation
Authors: Caro de Sousa Pedro 
Published: June 2024

AbstractThis chapter introduces the notion of causation in the competition law. Causation is one of the most relevant issues in competition litigation, which correlates to determining an infringement or loss caused by a competition infringement. Causation is primarily concerned with explaining how some event or state of affairs came about. The chapter discusses the notion of causation in competition cases as it differs for the purposes of public and private enforcement. The chapter then presents several examples of rules on causation found in the US and Europe and looks at how parties typically prove causation in court.
Termination of Appointment of Directors
Authors: Brown KC Edward 
Published: June 2024

Abstract
This chapter covers the provisions concerning the termination of the appointment of directors. It highlights the essential feature of any company management that directors' appointments are capable of termination, which could be voluntarily or upon a specified event like a company resolution. Termination provisions may be relied on matters such as terminations of directors under reasons of accountability and incapacitation, or resignation. The chapter explores the provisions of the Companies Act and company articles that govern termination, together with the rights and liabilities that arise in the event of termination. It considers the additional rules for public companies, such as dismissal by unanimous decision and retirement by rotation.
Directors’ Terms of Service
Authors: Brown KC Edward 
Published: June 2024

Abstract
This chapter focuses on the terms of service of directors, which is often a matter for negotiation between the parties and incorporated within a written service agreement. Additionally, the Companies Act 2006 establishes certain restrictions and controls upon directors' service agreements. Courts have tests that determine where a director is employed under a service agreement with the sources of contractual rights. The chapter elaborates on the considers the rights and duties of directors which result from their contractual obligations, as opposed to the general duties that are now codified in the Companies Act. It notes how the Enterprise and Regulatory Reform Act 2013 raised an amendment on the means of scrutinizing directors’ remuneration.
Duty to Avoid Conflicts of Interest
Authors: Arnold Mark , Haywood Marcus 
Published: June 2024

Abstract
This chapter discusses the directors' duty to avoid conflicts of interest as indicated by the Companies Act 2006. It explains that the duty is one of the paradigm manifestations of a director’s fiduciary duty of loyalty to the company. The courts recognized that the duty of a fiduciary concerning conflicts of interest had two strands: the ‘no conflict rule’ and the ‘no profit rule’. The ‘no conflict rule’ prevents the director from being swayed by considerations of personal interest in the exercise of those powers which were his to exercise in a fiduciary capacity. Meanwhile, the 'no profit rule' prevents the director from actually misusing his position for personal advantage.
Accounting Records and Disclosure Requirements
Authors: Robins KC Stephen , Burgess Peter 
Published: June 2024

Abstract
This chapter covers the functions, responsibilities, and liabilities of company directors in relation to accounting records, the requirements for disclosure of annual accounts and reports, and audits. It explores the criminal and civil liabilities of directors where there is a contravention of the provisions. The court and the Secretary of State have the power to determine whether a person’s conduct as a director of one or more companies or overseas companies makes him unfit to be concerned in the management of a company. Moreover, non-compliance with the requirements is a very common basis for a finding of unfitness warranting disqualification. The chapter also looks into the provision of information to the registrar.
Recognition and Enforcement
Authors: Peters Georgina 
Published: June 2024

Abstract
This chapter addresses the recognition and enforcement of insolvency proceedings both under and outside Insolvency Proceedings Regulation (EU) 2015/848 (RR). First, it deals with three sources of recognition and judicial assistance which are available outside the Insolvency Proceedings Regulation: English common law, section 426 of the Insolvency Act, and the UNCITRAL Model Law. The Model Law is likely to bear increased importance in future years, in light of the departure of the United Kingdom from the EU (Brexit).
The Ongoing Potential Application of the RR in the UK
Authors: Isaacs Stuart , McCormack Gerard 
Published: June 2024

Abstract
This chapter assesses the ongoing potential application of the Recast Insolvency Proceedings Regulation (RR) in the United Kingdom. With Brexit, the UK ended its membership of the EU, a process leading to a formal UK/EU withdrawal agreement and the enactment in the UK of the European Union (Withdrawal Agreement) Act 2020. Under the Insolvency (Amendment) (EU Exit) Regulations 2019, the RR (renamed the Retained RR) continues to be applicable to insolvency proceedings opened prior to the end of the Transition Period. After the end of the Transition Period, UK law has retained as a basis for its jurisdiction the elements of the RR which provide for a debtor to be put into insolvency proceedings if it has its centre of main interests (COMI) in the UK or its COMI is in an EU Member State and there is an establishment in the UK. The chapter then considers the new jurisdictional tests from the RR preserved in UK law as the basis for opening insolvency proceedings in the UK. It also considers the recognition of EU proceedings in the UK under the UNCITRAL Model Law and common law rules.
Belgium
Authors: Cauffman Caroline 
Published: June 2024

Abstract
This chapter examines the control of unfair terms, which plays an important role in Belgian case law and legal scholarship. Belgian law’s approach revolves around a generally phrased prohibition of unfair terms combined with a black list and a transparency clause. The 1991 Belgian Law on Commercial Practices introduced a set of rules on unfair terms in business-to-consumer (B2C) contracts based on the proposal for the Unfair Terms Directive (UTD). The chapter then clarifies that Belgium’s general rules on unfair terms in business-to-business (B2B) relationships do not apply to financial services. The general provision on unfair terms in the recently introduced Art 5.52 Civil Code however does apply to contracts concluded between banks and businesses. Meanwhile, the Federal Government Service Economics and the Financial Services and Markets Authority (FSMA) hold joint responsibility on the public enforcement of the rules on unfair terms in B2C contracts for financial services.
United Kingdom
Authors: McMeel Gerard 
Published: June 2024

Abstract
This chapter tackles the implementation of the Unfair Terms Directive (UTD) in the United Kingdom (UK). The UTD remains as the basis for consumer contract legislation even after the UK’s departure from the European Union (EU). Moreover, the main policy behind the UK legislation on unfair contract terms is to provide safeguards against the abuse of the principle of freedom of contract. The chapter notes how the UTD re-shaped UK legislative measures, such as the Unfair Contract Terms Act 1977’s domestic focus and the Directive’s language for the unfairness test. It notes the hope of improved prospects on the use of unfair contract terms by financial institutions and customers obtaining redress despite the situation with Brexit.
Introduction
Authors: Della Negra Federico 
Published: June 2024

AbstractThis chapter outlines the objectives, scope and structure of the book. After the 2008 Global Financial Crisis (GFC), national courts referred numerous questions for a preliminary ruling on EU financial services legislation. The rulings handed down by the Court of Justice of the European Union (CJEU) have contributed to strengthen the protection of consumers of financial services but they also increased the complexity and unpredictability of private law rules. This chapter identifies the scope the book’s analysis, the objectives and structure of the book.
The private enforcement of financial services contracts and regulation in EU law
Authors: Della Negra Federico 
Published: June 2024

AbstractThis chapter examines the EU rules which facilitate the private enforcement of financial services contracts and regulatory duties in the European Union (EU). While the EU laid down minimum standards for out-of-court dispute resolution and collective enforcement, Member States continue to retain a broad margin of discretion concerning the design of both procedural and substantive private enforcement rules. For this reason, the chapter argues that the preliminary reference procedure is the key EU institutional mechanism to influence the private enforcement of contracts and regulation before national courts. After examining the key features of the Directive (EU) 2013/11/EU (‘ADR Directive’), Regulation (EU) No 524/2913 (‘ODR Regulation’) and the Directive (EU) 2020/1828 (‘Directive on representative actions’), this chapter then examines into detail the Court of Justice of the European Union (CJEU) case law on the admissibility of questions referred for a preliminary ruling in the field of retail financial services legislation.
Unfair contract terms in financial services contracts
Authors: Della Negra Federico 
Published: June 2024

AbstractThis chapter examines the Court of Justice of the European Union’s (CJEU’s) case law on the Council Directive 1993/13/EEC on unfair contract terms (UCTD). Since the 2008 Global Financial Crisis (GFC), national courts referred numerous questions for a preliminary ruling on the UCTD regarding loan agreements. The CJEU case law has produced important changes in the interpretation of the UCTD, and has affected numerous national contract law rules. This chapter shows the ‘regulatory impact’ of this case law on the meaning and scope of the transparency and fairness requirements, on the effects of unfair terms and on the national courts’ powers and duties in civil proceedings.
The interpretation of EU and national private law rules for financial services contracts
Authors: Della Negra Federico 
Published: June 2024

AbstractThis chapter covers the impact of European Union (EU) general principles, fundamental rights, and freedoms on financial services contracts. The application of general principles of EU law in disputes on financial services contracts led to strengthen the legal protection of consumers vis-à-vis financial service providers (FSPs) but it also increased uncertainty in the interpretation of private law rules. This chapter explains the role of EU general principles in the interpretation of both EU and national private law rules. It also discussed the vexed issue of the civil law consequences of breaches of regulatory duties, and analyses the conditions to imply a private law remedy from EU law.
Furmston and Tolhurst on Contract Formation
Authors: Tolhurst GJ , Peden Elisabeth 
Published: June 2024

Abstract
This new and updated edition provides a scholarly and practical analysis of the legal principles which govern the formation of contracts in English law, offering those involved in litigation and in drafting contracts a guide to the application of those principles in practice. The book comprehensively reviews all the classical rules governing contract formation with extensive coverage of difficult areas such as certainty, conditional contracts, good faith negotiations, auctions, tenders, online contracting, and the assessment of conduct and silence in contract formation. It also discusses the efficacy, problems, and rules around modern contracting, in particular the use of heads of agreement, letters of intent, letters of comfort, and the methods of resolving a battle of the forms. This latest edition has been updated to reflect significant court decisions such as Devani v Wells [2019], which ruled on the extent to which implied terms can be used to overcome issues of uncertainty and completeness, as well as Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016], which considered the extent to which issues of contract formation involved issues of law or fact. Although this work is based on English law, decisions in other jurisdictions are drawn upon, such as Australia, Canada, the United States, Singapore, and New Zealand, where these inform the development of principles in English law.
Is There a Duty to Negotiate in Good Faith?
Authors: Tolhurst G J , Peden Elisabeth , Mik Eliza 
Published: June 2024

Abstract
This chapter reviews the duty to negotiate in good faith. The traditional view is that there is no general duty of good faith in negotiation. However, the extent to which good faith has been recognized in the various legal systems around the world varies considerably. The relevance of good faith to contract is potentially very wide. This is because the concept may apply not only to the negotiation process but also to the parties’ performance duties or their decisions on the enforcement of contractual rights. Good faith may have at least two roles where one party alleges that negotiations have not reached the stage of a concluded bargain. One role is to justify the enforcement of an obligation to continue negotiations, not in all cases but in those where the act of breaking off negotiations is capable of being characterized as an example of bad faith. The essence of this is that good faith has a ‘preservation role’: it provides a basis for upholding agreements. The other role relates to ‘pre-contractual liability’.
Foreign Judgments
Authors: Briggs Adrian 
Published: June 2024

Abstract
This chapter deals with the effect of the judgments of foreign courts in England. The point of departure is that unless a statute makes provision for it, a foreign judgment is not, as such, enforceable in England. However, the common law may recognize that the decision of a foreign court has made the cause of action, or particular issues arising within it, res judicata if certain conditions are met; the recognition of a foreign judgment may also pave the way for English proceedings to collect, as a debt, the sum ordered to be paid by the foreign court. The chapter examines the grounds on which a foreign judgment will be, and will not be, recognized, and exposes the underlying principles on which this law is based prior to discussing (and mostly dismissing) proposals for reform. It then considers the enforcement by statute of foreign judgments from certain Commonwealth jurisdictions, and from states party to a bilateral or multilateral treaty with the United Kingdom. It assesses the validity of certain bilateral conventions after the revocation of the Brussels/Lugano schemes and considers the possible adoption of the 2019 Hague Convention on Foreign Judgments.
After the Dust Has Settled
Authors: Zebregs Bas , Serière Victor de , Pearson Patrick , Stegeman Rezah 
Published: June 2024

Abstract
This chapter provides an overview of over-the-counter (OTC) derivatives clearing in Europe. As a consequence of the way in which central counterparties (CCPs) responded to the bankruptcy of Lehman Brothers in 2008 and enabled financial markets to continue to operate during the financial crisis, legislators and regulators immediately and unanimously concluded that (i) OTC derivatives clearing not only reduces systemic risk and enhances financial stability but also (ii) CCPs themselves are systemically important institutions that can potentially raise issues of systemic risk. In 2012, EMIR was adopted, introducing mandatory clearing of designated OTC derivatives, regulatory requirements for CCPs, stricter rules for uncleared OTC derivatives, and a reporting obligation for derivatives to central trade repositories. The chapter then considers the effects of Brexit and presents some relevant market data to illustrate the scope and scale of the OTC derivatives clearing markets in Europe. It also outlines the various chapters in the book.
Development of the Regulatory Regime for OTC Derivatives Clearing
Authors: Pearson Patrick 
Published: June 2024

Abstract
This chapter describes the efforts to regulate the over-the-counter (OTC) derivatives sector. The business of clearing OTC derivatives is inherently global. The chapter begins by looking at the earliest efforts to regulate the sector starting in the United States in 1987; global standard setters’ first discussions in 1997; increasing concerns after the Long-Term Capital Management (LTCM) default; the first non-legislative measures of the European Union (EU) in 2006; and the watershed moment in 2008 after the Lehman’s default unleashed the financial crisis, resulting in a strong call from G20 leaders to introduce tighter, global regulation of the sector. It traces the preparation and adoption of the EU’s regulatory response: the European Market Infrastructure Regulation (EMIR). The chapter then discusses the first material amendment to EMIR: the EMIR REFIT Regulation. It also examines probably the most politically contentious revision of EMIR: ‘EMIR 2.2’, which contains the EU’s response to Brexit in particular, and the legislative proposal of December 2022 to strengthen the EU’s strategic autonomy by reducing its dependence on central counterparties (CCPs) in the United Kingdom. Finally, the chapter considers the CCP Recovery and Resolution Regulation.
Lex Financiera Cryptographia
Authors: Lastra Rosa M , Allen Jason G 
Published: June 2024

Abstract
This chapter discusses the emergence of a lex financiera cryptographia, an ‘international financial and monetary law’ in the context of financial technology (FinTech), which is based on distributed ledger technology (DLT). DLT-based business models often bear characteristics of novelty and hybridity or otherwise sit uneasily within conventional legal and regulatory categories. The chapter also clarifies that the emerging concept of lex financiera as an international financial and monetary law that includes both hard and soft components that are enforced by a mix of national and international institutions. Moreover, this lex financiera cryptographia allows further discernment of the lex mercatoria that recognizes the inherent interconnectedness of normative domains. Thus, the lex financiera cryptographia emerges as a more concrete and and the development of a coherent body of encoded norms—whether those norms have a broader or a narrower relevance for international financial and monetary law.
Regulating Financial Data in the Digital Era
Authors: Corral Luis Urrutia 
Published: June 2024

Abstract
This chapter examines the current status of the regulation of financial data in the digital era and its challenges to cope with that. It cites underlines that data has become a key element in the new shape of financial and payment services offered to the public. Moreover, financial authorities are challenged with the design and implementation of policies that may achieve their objectives to maintain a safe and efficient financial and payment system that protects consumers. The financial system's current state of affairs across jurisdictions demands clarity on the regulatory requirements that financial and payment providers must observe. On the other hand, the existing regulatory framework precludes traditionally regulated providers from reaching a more efficient operation with services. The chapter provides an overview of the complexities of financial data in the international landscape.
Unconventional Monetary Policy in the Euro Area
Authors: Ohler Christoph Martin 
Published: June 2024

Abstract
This chapter presents a comparative analysis of the unconventional monetary policy of the European Central Bank with the Federal Reserve. It looks into the unconventional monetary policy and its varying objectives correlating to the Global Financial Crisis, Euro Crisis, and the COVID-19 pandemic. As developments continued, the monetary policy required the implementation of new policy tools, including asset purchase programmes, negative interest rates and new forms of central bank communication. However, doubts arose with respect to the very low level of long-term interest rates over a long period of time, especially when it could trigger undesired side-effects and impair an efficient allocation of capital.
Financial Standards Are Not Legally Binding … Or Are They?
Authors: Taylor John L , Christou Theodora A 
Published: June 2024

Abstract
This chapter assesses whether private standards can be legally binding in light of fundamental principles of law. Private standards are generally regarded as not legally binding, but instead aspirational objectives or voluntary, ethical good practices. The chapter describes some important standards that banks allegedly adhere to or support and asserts that private standards may be legally binding. Even if the standards are not accepted as law (in the traditional sense), they do open the path to legal reform. It also cites how the finance sector has a key opportunity to provide funding to projects which can result in positive impacts on the economy, the environment, and society.
CIF Contracts
Authors: Bridge Michael 
Published: June 2024

Abstract
This chapter deals with the CIF (cost, insurance, and freight) contract, also the C&F (cost and freight) contract. It lays particular emphasis on the seller’s documentary duties connected with the seller’s entry into proper contracts of carriage and insurance. It treats the seller’s duty to inform the buyer of forthcoming performance by a notice of appropriation (or declaration of shipment). It then deals with timely performance by the seller, who controls the shipping timetable, along with the seller’s documentary duty to provide an on board bill of lading (or an indemnity in lieu) or a ship’s delivery order. Emphasis is laid on the buyer’s need for continuous documentary coverage and on the way the buyer steps into the seller’s shoes in the contracts of carriage and insurance. Finally, issues relating to the discharge of the goods are discussed.
Passing of Property and Risk
Authors: Bridge Michael 
Published: June 2024

Abstract
This chapter deals with the passing of property and the transfer of risk. It sets out the passing of property rules, principally for unascertained goods. Party intention is underlined but the need for ascertainment of the goods before the property can as a matter of law pass is made clear. Statutory reforms giving certain buyers of unascertained goods a shared proprietary interest in an identified bulk is considered in depth. The application of the passing of property rules to FOB and CIF contracts is then considered. The seller’s right to retain the property pending payment is dealt with. The transfer of risk and its application to FOB and CIF contracts is discussed, with particular reference to the retrospective allocation of risk in CIF contracts.