bluuebunny/crossref_metadata_2025_split huggingface dataset:
Where are We Going with Equitable Compensation?
Authors: Rickett* C E F 
Published: November 2023

Abstract
In the last decade or so, in Australia, Canada, and New Zealand in particular, equitable compensation has truly awoken from the slumbers it had been in since Nocton v. Lord Ashburton.’ It is now an important part of the remedial armoury available in the context of breaches of equitable obligations. However, its true nature, its potential reach, and the particularities of its scope are matters of confusion and dispute on which a good number of judges, practitioners, and academics have already put pen to paper.2 Some of those have also contributed to this book. I hope I will be forgiven for daring to add again to the literature. What I intend to argue is that the full dimensions of the equitable compensation remedy as it is awarded in any particular case must be defined through an articulation of the interplay between the nature of the breach of duty or wrong complained of, which forces us to consider the real substance of the plaintiff’s claimed interest, and the content of the compensatory remedy which would most appropriately provide for monetary satisfaction for the loss at issue.
A Comment
Authors: Finn Paul 
Published: November 2023

Abstract
This short paper is somewhat in the nature of a postscript to the fiduciary-related ones that have preceded it. While I will refer to some matters raised in them, my purpose is not to provide a commentary on those papers. For the most part I will merely touch on a number of trends and shifts in the common law of the countries represented in this collection and I will suggest how these have impacted on what I will misleadingly call ‘fiduciary law’.
Professional and Client: The Duty of Care
Authors: John L. Powell Q C 
Published: November 2023

Abstract
In the field of professional negligence, the duty of care owed by the professional to the client is central. Nevertheless it is argued in this paper that it has been accorded undue dominance. It does not always accurately summate the professional’s duty. There should be greater recognition that in certain circumstances a professional’s duty is to achieve a particular result. Further, it is unfortunate that in professional contexts tort has been accorded such primacy relative to contract so as narrowly to confine the circumstances in which a concurrent duty of care in tort is negated.
Professional Negligence in Tort: the search for a theory
Authors: Stanton K M 
Published: November 2023

Abstract
If we are to ask ourselves what are the pressing problems which confront professional negligence law in I995 we are likely to receive radically different answers from practitioners as opposed to academic lawyers. Practitioners will almost certainly single out the sorry state of the law on limitation of actions and complain that the Latent Damage Act 1986 failed to produce a regime which provided sufficient protection for the professional interest. They will continue to maintain the view that the application of standard principles of joint and several liability produces unacceptable results in relation to professional work. The auditing profession will argue that the Binder Hamlyn situation proves conclusively that the potential liabilities of the major practices are uninsurable and must be capped or controlled by some other mechanism such as incorporation.
The Negligent Professional: Liability for a Fair Share
Authors: Dugdale Tony 
Published: November 2023

Abstract
The legal issue of the 1970s and 80s was the extent of professional liability to third parties. Now that this has been controlled that of the 1990s threatens to be the extent of liability to the client. Particular problems arise in two different types of situation. First, where the client would not have entered a particular transaction had the professional given proper advice. Such a professional may be fully liable for all the losses suffered as a result of entering the transaction although a range of other factors may have influenced the client. The second situation is where the fault of the professional is subsidiary to that of another wrongdoer. The typical case is one where the client has retained a professional to provide protection from losses caused by the failings of others and such losses would not have occurred had the professional acted properly. The professional will be liable to the client for the full loss even though his fault may have been subsidiary in relation to that of the other wrongdoer. In both situations it is arguable that the negligent professional is being asked to bear an unfair share of the client’s losses when other factors or actors are as much a cause. This paper will examine the nature of the problem in the no-transaction and subsidiary fault cases and suggest that although professionals can help themselves through the use of clauses limiting liability, there is a case for the courts using the notion of fairness to limit the extent of liability in problem cases.
Jurisdictional Struggles within the State
Authors: Carruthers Bruce G , Halliday Terence C 
Published: November 2023

Abstract
Substantive statutory changes can disturb sovereignty over work by professionals. That conflict breaks out among professions in the market should not be a surprise, since the market itself is created on a competitive principle. It is not nearly so obvious that territorial conflicts over jurisdictional rights should flare up within the state itself. Yet the substance of stratification the unequal distributions of money, prestige, and power —is equally present within state institutions, though its weighting may lean more heavily to status and power than to money. Since a major statutory disturbance can also dislocate occupations within the state, it seems possible that the reform of bankruptcy laws will lead to disputes in many directions: territorial conflicts between different executive departments; conflicts over the locus of work in the judiciary or the executive; and, in either case, struggles over status and power as work, responsibilities, and rewards are shifted up or down administrative hierarchies.
The Rise of the Inter-American Human Rights Regime: No Longer a Unicorn, Not let an Ox
Authors: Farer Tom 
Published: November 2023

Abstract
If human rights regimes confirmed the dictum of the Modernist Movement in architecture-’Form follows Function’-then, anatomically speaking, the Inter-American one should resemble the European about as much as the unicorn resembles the ox. By associating the European regime with an ox, I intend not to insult but rather to celebrate its solid bourgeois virtues: the stolid, efficient application of energy and the consequently consistent production of effective decisions, all within the context of an orderly, stable and prosperous community. The post-war West European setting did not invite, neither did it require, unpredictable improvisation or heroic challenges to the expectations and desires of governing elites.
Communication Rules
Authors: Ericson Richard V , Haggerty Kevin D 
Published: November 2023

Abstract
One response to the paper burden is the elaboration of rules to rationalize and regulate it. Communication rules emanate from numerous sources, are embodied in various texts, and become embedded in particular institutional contexts of police action. The development and enforcement of rules pertaining to knowledge production leads to additional paperwork and in turn to more rules, in an amplifying spiral. The managerial response is always to administer more doses of the same, as rules are perpetually refined, revised, and elaborated in an effort to stem a tide of paper that never ebbs.
Administrative Review
Authors: Amerasinghe C F 
Published: November 2023

Abstract
General 32. The Tribunal sees no reason to depart in the present case from its established jurisprudence. However, the Tribunal’s acceptance of the validity and effects of these release agreements has been qualified in certain respects. The Tribunal has stated that such acceptance: Does not mean that the Applicant has agreed to forego all recourse to the administrative and judicial institutions created by the Bank … Such a commitment, despite its broad terms, does not amount to a deprivation or denial of administrative or judicial remedies because, as shown by the present case, both the Appeals Committee and this Tribunal are and remain available to staff members to consider the interpretation and validity of release provisions in the circumstances of each case.
Nature of Employment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Regular appointment i.32. In her appeal to the Appeals Committee and in her pleadings before the Tribunal, the Applicant claims that her position as a Space Planning Assistant, held by her from October 1987, was not regular and indefinite but was rather—like secretarial TAP positions-temporary and provisional. She asserts that her job status was thus ‘clouded’ and was in effect probationary only. She also asserts that the Respondent’s purpose in assigning her to such an impermanent position in Round 2 of the Reorganization was surreptitiously to deprive her of the right she otherwise would have had-had she been given no position and been thus rendered redundant–to substantial benefits in the form of the Enhanced Separation Package, or Package B. She claims that the same discriminatory purpose.
Transfer and Reassignment
Authors: Amerasinghe C F 
Published: November 2023

Abstract
Alternative post 56. The Respondent contends that the Bank only undertook to use best efforts to find the Applicant a position within the Bank and that ‘at no time did the Respondent obligate itself to force-place Applicant or to transfer him to a position from PAA to another complex in the Bank or to conduct an institution-wide search’.57. The issue before the Tribunal is, therefore, whether the Respondent made diligent and good faith efforts to locate a position for the Applicant at the end of his assignment with INU. In a letter dated March 8, 1993 to the VPPAA, the Applicant expressed his doubts as to the seriousness with which the Respondent was handling the search for a position as promised in the MAS agreement.
Responding to New Demands: Legal Aid and Multi-Party Actions*
Authors: Fleming Don 
Published: November 2023

Abstract
Twenty years ago Cappelletti and Garth argued in the Access to Justice volumes that one of the challenges facing legal systems was to go beyond a focus on individuals. Mechanisms were required whereby groups as well as individuals could press their claims or defend their legal rights: otherwise, while equality before the law might be a reality for individuals, it would not be for groups (1978). First, mechanisms were needed to provide legal representation for groups, including indigenous peoples, victims of disasters and consumer groups affected by faulty products, to gain access to the courts. But group or ‘multi-party’ actions, as they came to be known, also faced problems being heard in court because procedural rules were usually designed for individual cases.
Legal Developments In Multimeadia
Authors: Enser* John 
Published: November 2023

Abstract
Multimedia remains somewhat of a Cinderella discipline in terms of the depth of binding legislative and judicial authority to which those aspiring to practise in this area of law might turn. In contrast, the bandwidth consumed by those voicing purportedly authoritative opinions on undecided aspects of the law continues to grow apace. The intent of this review is to identify the developments over the year just past in the former field-actual legislative developments, cases and legislative proposals dealing with matters which affect those working in the multimedia disciplines, and court decisions impacting upon that area, without straying too far into the area of speculative projection.
Legal Rules, Policies, and Police Practices
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
Prior to the early 1970s, violence against women in the home was generally thought of as a private matter. Couples were left alone to solve their conflicts except in cases of very serious injury. The law was considered to be the last resort in the management of domestic violence, and arrest was only used occasionally as a temporary means of maintaining order. Today it is recognized that the divide between public and private violence is less distinct, and violence between intimates has become a more salient public policy issue than ever before.
In the Victim’s Interest?
Authors: Hoyle Carolyn 
Published: November 2023

Abstract
As the previous chapter showed, police and prosecutors do not think that it is in the victim’s interest to prosecute offences arising from domestic violence when the victim is opposed to this solution. Some feminist writers have disagreed with the practice of allowing a victim of domestic violence to withdraw a statement once it has been made and, thus, advocate that reluctant witnesses should be compelled to testify (Edwards 1989). The Victim Support Inter Agency Working Party on Domestic Violence (1992) similarly argued that the decision to proceed with a prosecution should not be the responsibility of women who report the crime as they may sometimes be pressurized by violence to withdraw.
On Second Thought: Constructing Knowledge, Law, Disability, and Inequality
Authors: Rioux Marcia H 
Published: November 2023

Abstract
People with disabilities provide us with a means to understand the way in which social life can be organized to be fair, to be just, to be human itarian, and to be equal. They provide us an opportunity to go beyond finding the roots of charity and to look instead for the roots of justice. Equality and non discrimination, which are the very basics of human rights law, can be brought into clear focus by reflecting on the place of people with disabilities in our societies.
The Advantages And Disadvantages Of Charitable Status
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
The advantages of charitable status for those involved with charities are numerous 2.01 and important, although it is also possible to identify what might be perceived as drawbacks which flow from such status. Some factors might be considered to fall into either category, depending upon one’s point of view or the relevant circumstances. The cy-pres doctrine, for instance, might be considered as either advantageous (in that it can save property for charity that might otherwise go on a resulting trust) or as restrictive (in that it limits the ability of those running the charity to deal with the charity’s property as they think fit). Some of the factors to be borne in mind are considered in more detail, or from a particular aspect, in later chapters. It might be helpful to those concerned with setting up an institution, however, to consider together in this chapter the principal advantages and disadvantages of establishing it as a charity.
Legal Proceedings
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
The Attorney-General, representing the Crown and acting ex officio, may inter- 13.02 vene to protect a charity’s property if it has been, or there is a threat of its being, applied, in breach of trust for non-charitable purposes. In such matters, the Attorney-General may be considered to protect the public interest in ensuring that property is not lost to charity.
Dealings With Land
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
Dealings with land by trustees of charities have been governed, since 1 January 17.01 1993, by provisions now contained in Part V of the Charities Act 1993. Those provisions, however, merely regulate acquisitions and disposals; they do not themselves confer a power on the trustees to acquire or to dispose of land. It is therefore important to consider first if the trustees of a charity have the power to acquire land for the charity or to dispose of charity land which they already hold.
Public Charitable Collections
Authors: Luxton Peter , Hill Judith 
Published: November 2023

Abstract
Part III of the Charities Act 1992, when brought into force, will repeal the legislation governing public charitable collections (that is, the House to House Collections Act 1939 and section 5 of the Police, Factories, etc (Miscellaneous Provisions) Act 1916) and replace it with a single unified regime applying to col lections made both in the street and from house to house. The date for bringing Part III into force has, however, been continually deferred, and, at the time of writing, no regulations to this end have been made. The delay appears to be due to concern about the detailed operation of the new regime, particularly its lack of flexibility.
Regulating Workplace Safety: System And Sanctions
Authors: Gunningham Neil , Johnstone Richard 
Published: November 2023

Abstract
Drawing from experience internationally, on recent and important developments in regulatory theory, and upon models and approaches constructed during the author’s empirical research, this book addresses the question: how can law influence the internal self-regulation of organisations in order to make them more responsive to occupational health and safety concerns? In this context, it is argued that Occupational Health and Safety management systems have the potential to stimulate models of self-organisation within firms in such a way as to make them self-reflective and to encourage informal self-critical reflection about their occupational health and safety performance. This book argues for a two track system of regulation under which enterprises are offered a choice between a continuation of traditional forms of regulation and the adoption of a safety management system-based approach on the other. The book concludes with a discussion of the use of criminal and administrative sanctions to provide organisations with incentives to adopt effective Occupational Health and Safety management systems. The book proposes a wider range of criminal sanctions and sentencing guidelines to ensure employers receive sentencing discounts where they have introduced effective management systems.
Foundations Of Private Enforcement In The Community
Authors: Jones Clifford A 
Published: November 2023

Abstract
The noted seventeenth-century competition lawyer Thomas Hobbes is reported1 to have commented that ‘covenants without swords are but words’, thus becoming perhaps the earliest critic of the Treaty of Rome. Article 81 (2) (formerly 85) contains a ‘shield’ in the form of the automatic nullity provision, but the Treaty is noticeably lacking in express provision for the use of Articles 81 and 82 (formerly 85 and 86) as ‘swords’. The enforcement scheme of the EC Treaty envisages that the Commission shall ‘ensure that the provisions of this Treaty and the measures taken by the institutions pursuant thereto are applied’, that the Commission may bring Member States considered to be in default of Treaty obligations before the Court of Justice, and that a Member State may bring another Member State considered to be in default before the Court of Justice.
Uk Antitrust Claims As A Breach Of Statutory Duty
Authors: Jones Clifford A 
Published: November 2023

Abstract
The ECJ has said national remedies for protection of Community rights ‘cannot be less favourable than those relating to similar actions of a domestic nature’. This principle of national treatment has received little development in the case law compared to the principle of adequacy, but it has important implications for private Community antitrust litigation in the UK. As has been noted in Chapter 4, the domestic law of the UK until recently lacked competition rules equivalent in all respects to Articles 85 and 86, now 81 and 82, but maintained a control of abuse system for regulation of competition. Under the national treatment principle, national courts must allow remedies for infringement at least equivalent to comparable types of actions available in the UK.
Prudential Limitations On Private Actions
Authors: Jones Clifford A 
Published: November 2023

Abstract
The right to bring a private damages action in the USA is conferred explicitly by Section 4 of the Clayton Antitrust Act on ‘[a]ny person injured in his business or property by reason of anything forbidden in the antitrust laws ⃛ ‘. This simple language generates complex questions of law and policy in regard to who is entitled to seek compensation for injury. The nature of antitrust violations is such that they tend to inflict ‘direct injury on more that one party or category of parties’, and in addition, ‘[m]arket injuries have a way of rippling through the economy’.
Contribution, Reimbursement, And Unjust Enrichment
Authors: Mitchell Charles 
Published: November 2023

Abstract
In Westdeutsche Landesbank Girozentale v Islington LBC, Lord Woolf considered that ‘a personal right to contribution . . . between co-sureties . . . is . . . an application of an equitable approach to restitution’; in Grupo Torras SA v Al-Sabah (No 5), the Court of Appeal stated that ‘a claim for contribution . . . is restitutionary’; in Société Eram Shipping Co Ltd v Compagnie Internationale de Navigation, the same court held that a claimant which had been legally compelled to discharge a defendant’s debt would have a ‘restitutionary right of reimbursement’; in its report on Limitation of Actions, the Law Commission characterized a claim under the Civil Liability (Contribution) Act 1978 as a ‘claim for restitution’ on the ground of unjust enrichment.
Mapping The Law
Authors: Mitchell Charles 
Published: November 2023

Abstract
For historical reasons, the English law of contribution and reimbursement is currently fragmented into several parts. First, claims by those who have paid more than their share of a common liability for the same debt are governed by the rules of common law and equity. Secondly, claims by those who have paid more than their share of a common liability for the same damage are generally governed by the Civil Liability (Contribution) Act 1978. Thirdly, claims by carriers who have paid more than their share of a common liability for damage to cargo carried by road are governed by the Carriage of Goods by Road Act 1965.
Practice And Procedure
Authors: Mitchell Charles 
Published: November 2023

Abstract
The law of civil procedure has recently undergone a radical overhaul, with the introduction in April 1999 of the Civil Procedure Rules (‘CPR’) and their supplementary Practice Directions. Of particular importance in the present context are CPR Part 20, which is concerned both with counterclaims and with third party proceedings (as they were formerly known), and the Practice Direction accompanying CPR Part 20 (which is referred to here as ‘CPR PD 20’). CPR Part 20 and its accompanying Practice Direction are both reproduced in the Appendix.
Remedies
Authors: Mitchell Charles 
Published: November 2023

Abstract
The first type of order gives immediate effect to a claimant’s right to restitution of an unjust enrichment that a defendant gained at his expense when he discharged the defendant’s liability to the creditor, and with it any securities that the defendant may have given to the creditor. This category takes in orders that the defendant should pay the claimant a sum of money by way of contribution or reimbursement; orders that the defendant should permit the claimant to set off such a sum against a sum of money which the claimant himself owes to the defendant; and orders that the claimant should be treated, by a legal fiction, as though some or all of the creditor’s extinguished rights had been revived and transferred to him, in order that he might enforce them for his own benefit against the defendant.