bluuebunny/crossref_metadata_2025_split huggingface dataset:
Privatization, Control, and Accountability
Authors: Scott Colin 
Published: November 2023

Abstract
Since 1979 the British Government has initiated a substantial transfer from public to private ownership of nationalized industries. The shorthand term which has been adopted to describe the policy has been ‘privatization’. In this context the use of the term ‘privatization’ refers to the ownership of the assets once publicly owned by the state by various private shareholders and corporations. This process has occurred in a wide range of nationalized industries in the industrial and service sectors, including Rover, British Aerospace, and Rolls Royce, and in each of the main utility sectors-telecommunications, gas, electricity, and water (see generally Veljanovski 1987; Vickers and Yarrow 1988; Veljanovski 1990a). The privatization of ownership, however, need not imply the full transfer of control and accountability functions from the public to the private sector. Indeed, all private companies are subject to a variety of forms of state control, in the form of competition law, company law, consumer protection laws, contract and property laws, and so on. For the public utility sectors, which provide the focus for this chapter, transfer of assets to the private sector has created the risk of permitting private monopoly profits, and so new regulatory issues concerned with the promotion of competition and protection of both domestic and industrial users have been raised, which go beyond questions of the regulation of ordinary companies. For many of the former nationalized industries the process of privatization has involved a substantial degree of state planning and continuing involvement of the state in the activities of the industries, most explicitly through new forms of sectoral regulation of the public utilities, but additionally in a variety of less visible ways.
Risk, Trust, and the Market for Corporate Control
Authors: Mccahery JOSEPH 
Published: November 2023

Abstract
In the 1980s the American corporate economy experienced a massive increase in liquidity. This increase was linked to two sources: (1) an increase in internally generated funds within firms which were employed for the purposes of strategic acquisitions; and (2) the introduction of high-yield bonds which made possible the acquisitions of large corporations by relatively small firms or groups of investors (Jensen 1987). As a result of this massive increase in liquidity, there was a huge wave of hostile take-overs (Jarrell et al. 1988). The emergence of a ‘self-regulating’ market for corporate control redefined the traditional relationships among shareholders, managers, and non-equity stakeholders.
The American Law of Corporate Groups
Authors: Blumberg Phillip I 
Published: November 2023

Abstract
This chapter seeks to provide a summary review for European students of corporate groups of those significant developments in American judicial decisions and statutory law which I have termed ‘the emerging American law of corporate groups’. I have written extensively of these developments in the five volumes comprising my series on The Law of Corporate Groups (Blumberg 1983, 1985, 1987b, 1989, 1992) and in various legal periodicals (Blumberg 1990a, 1990b, 1986), to which readers interested in more detailed discussion of these matters are referred.
However they may differ in other respects, the legal systems of the Western world without exception share the same fundamental concepts of corporation law. Reflecting their common legacy of medieval notions of Roman law (Buckland 1965: 54; Williston 1888: 164), Western legal systems share the same view of the juridical personality of the corporation. This is the view that a corporation is a separate juridical person with its own rights and duties, separate from those of the persons who may from time to time be its shareholders. This is entity law.
Some Comments on the Law Relating to Corporate Groups
Authors: Prentice D D 
Published: November 2023

Abstract
The chapters by Phillip Blumberg and Tom Hadden respectively highlight what is a feature of modern economic life, and that is the pervasiveness of group structures. Hadden rightly points out the complexity of these and, what is more important, their variation. For example, in Germany and Japan the banks play a role in the affairs of companies that is not the case in the UK. Also, the keiretsu system in Japan (discussed by Hadden) produces the type of interlocking structure that breaks down the distinction between shareholder, supplier of goods and services, supplier of labour, and provider of finance (see Viner 1990: 27).
Introduction and Overview of the Company Law Harmonization Programme
Authors: Edwards Vanessa 
Published: November 2023

Abstract
In 1973, the first year of the United Kingdom’s membership of the European Community, Professor Schmitthoff wrote: ‘Company law will be the first branch of law which will emerge as a truly European law.’ A quarter of a century later, the prediction of a truly European company law (even if it is not necessarily the first branch) may be described as significantly realized: Community legislation now regulates companies’ disclosure and publicity requirements, the legality of preincorporation and ultra vires transactions, the nullity of companies, the formation of public companies and the maintenance and alteration of their capital, mergers and divisions of public companies, companies’ annual and consolidated accounts,8 the qualification of company auditors, disclosure by cross-frontier branches of companies,10 single-member companies, admission to Stock Exchange listing, public offers of listed and unlisted securities, acquisitions and disposals of major shareholdings, and insider dealing.
The First Directive
Authors: Edwards Vanessa 
Published: November 2023

Abstract
The first company law directive (the First Directive) seeks to hannonize publicity requirements applying to companies, the circumstances in which company transactions will be valid and the rules relating to the nullity of companies. Since it was the first directive to be issued under the legislative power conferred on the Council and the Commission by Article 54(3)(g) of the Treaty, the scope of which was already the subject of intense academic debate, it is perhaps unsurprising that much of the voluminous comment on the Directive focused more on its legal basis than on its content. Now that thirty years have elapsed since adoption of the Directive, it seems less relevant to debate the precise scope of Article 54(3)(g)—as Prentice points out, with refreshing common sense, it is ‘hard to imagine any matter of significance in the field of company law that could not be subsumed, with ease, within the rubric of the protection of shareholder or creditor interests’.
The Seventh Directive
Authors: Edwards Vanessa 
Published: November 2023

Abstract
The Fourth Directive on annual accounts and the Seventh Directive on consolidated accounts have much more in common than their subject-matter. In both cases, the original Proposal, drawing heavily on German concepts, proved unacceptable in a number of essential areas to representatives of the United Kingdom and the Republic of Ireland and, to a lesser extent, the Netherlands; the protracted negotiations necessary to resolve the seemingly irreconcilable positions adopted by on the one hand representatives of the continental Member States, in particular Germany, and on the other hand the Anglo-Dutch countries resulted in strikingly long legislative gestation periods (from first formal Proposal to final adoption, seven years in both cases: however, the real period is somewhat longer, since both Proposals had been preceded by informal drafts); and the final version differed significantly from the earliest Proposal, the differences representing to a substantial extent either acceptance and incorporation of the Anglo-Dutch arguments (for example, in relation to the true and fair view) or an unwieldy compromise between the two positions (for example, in relation to the definition of the relations between undertakings which will trigger the requirement to prepare consolidated accounts). The Directives taken together form a whole: the Seventh Directive complements the Fourth, extending the latter’s requirements as to format and content of accounts, valuation rules, publication and audit to the consolidated accounts which it requires to be prepared in certain defined circumstances. In the same way as the need for the Fourth Directive was foreseen in the First Directive, the Fourth Directive itself called for harmonization of legislation on consolidated accounts, stating in its preamble that ‘when a company belongs to a group, it is desirable that group accounts giving a true and fair view of the activities of the group as a whole be published’.
The Twelfth Directive
Authors: Edwards Vanessa 
Published: November 2023

Abstract
In 1988, when the Commission submitted its Proposal for a Twelfth Council Directive on company law concerning single-member private limited companies, Belgium, Denmark, France, Germany and the Netherlands all permitted the formation of single-member companies, Luxembourg had introduced draft legislation to that end and Portugal permitted single-person businesses to have limited liability. Denmark, Germany and the Netherlands permitted single-member companies to be formed by artificial as well as by natural persons, while Belgium required the member of such a company to be a natural person; France, and the proposed legislation in Luxembourg, permitted single-member companies to be formed by artificial persons but prohibited the creation of one single-member company by another. The other Member States made no provision for single-member companies, and either imposed personal liability on a sole shareholder or required a company with a sole shareholder to be wound up. The Proposal sought to overcome the divergences between the laws of the Member States in this area by providing a legal instrument allowing the limitation of liability of the individual entrepreneur throughout the Community.
The Second Stage—Harmonizing Public Offer Prospectuses
Authors: Edwards Vanessa 
Published: November 2023

Abstract
When the first Proposal for a directive coordinating the information to be disclosed when unlisted securities are offered to the public for the first time (whether or not they are subsequently listed) was submitted by the Council to the Commission in January 1981, the Admissions and Listing Particulars Directives had already been adopted and the amended Proposal for the Interim Reports Directive was pending before the Council. The Commission saw the Public Offers Prospectus Directive as ‘the final link in a natural chain’, complementing the disclosure requirements imposed by the other three Directives on and after admission of securities to listing. At that time, Germany, the Netherlands, Italy, Denmark and Greece had no legislation on prospectuses, and there would have been a fundamental flaw in the developing edifice of investor protection if disclosure on offers to the public had continued to be unregulated. Moreover, the contribution made to investor protection by the introduction of harmonized information requirements on admission to listing through implementation of the Listing Particulars Directive would have been seriously undermined if, on offers to the public of shares for which a listing was subsequently sought, inadequate disclosure was required on the initial offer.
Conclusion and Outlook
Authors: Edwards Vanessa 
Published: November 2023

Abstract
Much of this book has been devoted to tracing the development and adoption of the company law and securities directives proposed by the Commission in the last thirty years. After a steady stream of important legislation in the 1970s and 1980s, the harmonization programme seemed to stagnate for a decade. The preceding chapter has outlined some of the reasons for this decline in legislative activity and shown how the Commission’s more recent approach, coupled with a revival of political enthusiasm for particular areas of company law harmonization, has breathed fresh life into certain ailing and aged Proposals. This conclusion reviews the Commission’s current initiatives in relation to company law harmonization, from which the contours of the likely future action at Community level can be clearly discerned.
Courts and Interests
Authors: Rawlings Richard 
Published: November 2023

Abstract
The subject matter of this discussion is the role of courts as a forum for the pursuit of collective objectives. Within this broad rubric, particular attention will be paid to purposeful, strategic litigation in the sense of litigation designed to generate change in legal norms and/or in bureaucratic practice; or, less obviously, support for the status quo. The chapters by Peter Cane and Genevra Richardson in this collection develop this theme in rather more specific ways: this essay, in contrast, explores the issue in more general terms.
Standing, Representation, and the Environment
Authors: Cane Peter 
Published: November 2023

Abstract
I Have chosen environmental law as the prime (although not the exclusive) focus of this essay for several reasons. One is that both in this country and in the United States, a significant number of the most important judicial decisions about the law of standing have concerned environmental matters. Another reason, which partly explains the first, is that environmental harms often affect many people; and although they often affect a smaller group much more than they affect the generality, large sections of the population can often claim to be directly or indirectly injured by conduct which degrades the environment.
Jurisdiction, Judicial Control, and Agency Autonomy
Authors: Craig Paul 
Published: November 2023

Abstract
The scope of the courts’ powers to control jurisdictional error by tribunals, agencies, and the like has recently been the subject of two important decisions by the House of Lords in Page v. Hull University Visitor and in R v. Monopolies and Mergers Commission, exp. South Yorkshire Transport Ltd.2 These two decisions raise once again the important question as to the relative powers of courts and agencies concerning jurisdictional issues.
Changing Patterns in Sentencing Policy
Authors: Wasik Martin 
Published: November 2023

Abstract
The British have long had an ambivalent attitude towards the importation of American ideas on criminal justice. The hostile attitudes evinced by Lords Reid and Ackner which were remarked upon in the opening chapter are by no means an exclusively judicial phenomenon. From time to time, politicians find it similarly easy to deride a particular proposal for sentencing change, solely on the basis of its being ‘American’. Ian Loveland has explored in chapter eleven just such a governmental reaction in respect of crimes involving racist violence.
The Church
Authors: Brown Schuyler 
Published: November 2023

Abstract
Today, ‘Christianity’ and ‘the church’ are virtually synonymous terms. The latter is used not simply to designate a particular local community of Christian believers but also a fellowship which transcends congregational and even national boundaries. It therefore comes as a surprise · to the contemporary Christian to discover that the use of ‘the church’ to designate the Christian movement as a whole is a relatively late development within the
The Framework of Central Government Audit
Authors: White Fidelma , Hollingsworth Kathryn 
Published: November 2023

Abstract
The origins of public sector audit in Britain date to the fourteenth century. Until 1866, two separate offices existed-the Audit Office and the Exchequer Office. The Audit Office had its origins in the Auditors of the Imprest Office which was created in 1559 and abolished in 1785 when it was replaced by the Office for Auditing the Public Accounts. The Audit Office comprised a number of Commissioners. During the nineteenth century the size of this Office increased as it took over responsibility for other Commissioners, including the Commissioner for Auditing the Accounts of Ireland. From 1832 onwards, a system developed whereby the Commissioners reported to the House of Commons on the appropriation accounts (those departmental accounts which recorded the expenditure of voted monies) which they audited and compared with the estimates. The Office of Auditor of the Exchequer can be traced back to 1314. In 1834, the duties of this Office were abolished and a new department, called the Office of Comptroller General of the Exchequer, or more simply, the Exchequer Office, was created. The Head of this Office was the Comptroller General of the Exchequer. The Comptroller General had responsibility for authorizing the issue of public money requested by the government.
The Jurisdictions of the C&AG
Authors: White Fidelma , Hollingsworth Kathryn 
Published: November 2023

Abstract
As noted in Chapter 3, following the amalgamation of the Exchequer Office and the Audit Office in 1866, the C&AG’ s full title is the Comptroller General of the Receipt and Issue of Her Majesty’ s Exchequer and Auditor General of the Public Accounts. The focus of these next three chapters is central government audit: the latter aspect of this title. Indeed, the bulk of the work conducted by the NAO., involves the audit function. Nevertheless., the C&AG’ s Comptroller function is of constitutional significance, in its own right, and, in its relationship with the audit function.
Independence
Authors: White Fidelma , Hollingsworth Kathryn 
Published: November 2023

Abstract
The independence of an external auditor is vital to enable the auditor to perform his functions properly. In the private sector, the auditor’ s basic role is to certify annually, in a report to members, whether or not the accounts of an organization give a ‘ true and fair’ view of the state of that organization and whether the accounts comply with UK GAAP Generally Accepted Accounting Practice.1 If the accounts are to be relied upon, it is essential that they should be true and fair and this is more likely to be the case if someone independent of the organization has vetted and certified them. The importance of the auditors’ role, in the private sector, has been emphasized by developments over the last 150 years designed to ensure their professional competence and independence. In 1844, when for a brief time auditors were first made compulsory for registered companies, it was common practice for the auditor to be a shareholder in the company. In 1900, when auditors were again made obligatory for registered companies, it was provided, in an attempt to ensure the auditor’ s independence from management, that the auditor should not be an officer of the company.
The Audience(s) for Audit
Authors: White Fidelma , Hollingsworth Kathryn 
Published: November 2023

Abstract
Auditors report and make recommendations. Also, some auditors may have executive or quasi-judicial functions as, for example, in the case of local government where the legislation provides for a power to surcharge a person, or to issue a prohibition order to prevent unlawful spend ing.1 However, such powers are not inherent in the audit function but are additional to it. Usually, for the work of an auditor to have any real impact there must be an audience. The primary function of the audience is to use the audit information to hold the auditee to account. In addition, having an identifiable audience enables the auditor to tailor his findings to the needs of that body.
The European Court of Auditors
Authors: White Fidelma , Hollingsworth Kathryn 
Published: November 2023

Abstract
Large sums of money pass through the accounts of the European Com munities.1 Poor control, inadequate accountability, waste and fraud are favourite themes of those hostile to the European Union. But those who want further expansion of the Union’ s powers cannot afford to ignore such issues. Nor can those who are more agnostic about the extent and pace of further integration. Enlargement of the Union eastwards and southwards is being negotiated. This can hardly be a zero-cost exercise, although the scale of new spending is a matter for future conflict and bar gaining. Whether the Community is to spend more, or a lot more, European taxpayers and voters are unlikely to accept its legitimacy without a strong system of financial control and accountability.
Conclusions
Authors: White Fidelma , Hollingsworth Kathryn 
Published: November 2023

Abstract
The previous chapters have sought to describe and analyse the constitutional role of public sector audit in Britain. We have focused mainly on the audit arrangements for central government, but have also considered audit at the local and European levels of governance. In this final chapter, we first bring together various threads of our analysis to identify the fundamental principles—institutional and substantive—of public sector audit, then consider some new tasks that audit could fulfil at central government level and conclude with an examination of the challenges presented by devolution.
The Offence of Cruelty
Authors: Radford Mike , Broom Donald M 
Published: November 2023

Abstract
The basis of animal protection legislation in Great Britain is the Protection of Animals Acts, the most important of which is, in England and Wales, the Protection of Animals Act 1911 (‘the 1911 Act’) and, in Scotland, the Protection of Animals (Scotland) Act 1912 (‘the 1912 Act’). It is in these statutes that the legal meaning of cruelty is set out. The 1911 and 1912 Acts are, in all essentials, identical; the reason for there being two separate pieces of legislation is historical. That of 1911 was principally a consolidation Act, by which means the existing law is, for the sake of convenience, brought together and restated in a single statute. At the time, the extent of the protection provided by Scottish law differed from the rest of Britain in a number of important respects and, by definition, it is inappropriate to introduce significant legislative change by means of a consolidation Act. Accordingly, in order to secure uniformity, it was necessary to introduce separate legislation in respect of Scotland.
Enforcement
Authors: Radford Mike , Broom Donald M 
Published: November 2023

Abstract
AB Richard Martin discovered immediately after the passing of his Act in 1822, if legislation to protect animals is to be effective, it must be adequately enforced. This means more than merely bringing alleged offenders before the courts. Prosecution is an integral part of the process, but represents the option of last resort. The ambit of enforcement is far wider, and includes the need to ensure: the various regulatory schemes prescribed by the European Community, the national Parliament, and, where appropriate, the Scottish Parliament and the Welsh &sembly, are duly implemented; those to whom legislation applies are mindful of the nature and extent of their legal responsibilities;
The Limits on the Exercise of Autonomy
Authors: Nygh Peter 
Published: November 2023

Abstract
Assuming that the parties to an international contract have by almost general consensus the right to choose the applicable law, the question then arises as to the conditions which restrict the right of choice. It is quite obvious that even under the ‘internationalist’ view of autonomy, there must be at least two restrictions upon choice: (a) that the contract bear an international character, for otherwise municipal mandatory laws would cease to be binding even in purely domestic transactions at the option of the parties; and (b) that the choice must be free and voluntary, for otherwise we cannot speak of an agreement.