bluuebunny/crossref_metadata_2025_split huggingface dataset:
Personal Liability of Directors and Officers for Debts of Insolvent Corporations: A Jurisdictional Perspective (England)
Authors: Sealy L S 
Published: November 2023

Abstract
Every company law student learns in his very first class of the celebrated case of Mr Salomon,1 who was held by the House of Lords not to be liable, directly or indirectly, for the debts of the one person company of which he was the largest shareholder, the chief executive director, and the principal secured creditor. Since that decision there has of course been much scholarly attention devoted to the phenomenon of ‘lifting the veil’, in England as elsewhere, and many instances can be found in which, for one reason or another, a court has decided that it was appropriate in the interests of justice for the separate corporate personality of the company to be disregarded; but one will search the reports in vain for a single English case where the principle of limited liability, as distinct from that of corporate personality, has not been respected statute apart.
Economic, Legal, and Strategic Considerations on Dumping Practices and Anti-dumping Laws
Authors: Marceau Gabrielle 
Published: November 2023

Abstract
Currently there is no world-widebinding agreement regulating commercial behaviour or agreements of firms. Only two business practices are subject to some binding regulation: transnational price discrimination and sales below full cost are indirectly controlled through the provisions against dumping contained in the General Agreement on Tariffs and Trade (the GAIT) and the GATI Antidumping Code. The word ‘dumping’ always seems to have had a pejorative connotation. Professor Jackson relates that Adam Smith was the first to use the word dumping, but in reference to situations approximating to today’s subsidies. Viner refers to discussions by Alexander Hamilton in 1791 about foreign country dumping. Jackson reports that during the US Congress debates of 1884, the word dumping was used in reference to undesirable foreign goods sold in the American market.
Declining Jurisdiction In Private International Law
Authors: Fawcett J J 
Published: November 2023

Abstract
The subject of declining jurisdiction in private international law is one of enormous practical importance and academic interest. It is also a topic where a comparative approach is particularly revealing. This book contains the 17 national reports and the general report on the subject of ‘Rules for declining to exercise jurisdiction: Forum Non Conveniens, Lis Pendens’. The Reports were held in Athens/Delphi in August 1994. The list of nations for which a report has been prepared is as follows: Argentina, Brazil, Canada, Quebec, Finland, France, Germany, Great Britain, Greece, Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and USA. This book by bringing together all the reports on ‘Declining Jurisdiction’ provides a unique insight into this topic, and, dealing as it does with a key aspect of private international law, fits very well into the Oxford series of monographs on private international law.
Auditing and the Politics of Regulatory Control in the UK Financial Services Sector
Authors: Power Michael 
Published: November 2023

Abstract
The early 1990s will be remembered as a critical period for the auditing ‘industry’. A series of ‘failures’ in the UK financial services sector received prominent coverage in the national press, notably the closure of the Bank of Credit and Commerce International (BCCI) in mid-1991 and the collapse of the Maxwell business empire. These events added further fuel to continuing preoccupations with the ‘expectations gap’, understood as the difference between public and auditor perceptions of the role of audit (e.g., KPMG Peat Marwick McLintock 1990; Humphrey 1991). In the UK research has been commissioned to address this problem, and, as an initial measure, a new form of words for the audit report has been proposed (APB 1991), with the intention of bridging this gap by educating the users of audit services. Perceptions of the role of the UK statutory auditor have also been affected by some interpretations of the judgment in Caparo v. Dickman, 1990 which suggest that auditors have little legal responsibility to those third parties who may place trust in their work. In addition, Labour MP Austin Mitchell has been at the forefront of public criticism of the accounting profession and its auditing activities. With each new company failure (British and Commonwealth Holdings, Polly Peck, BCCI, Maxwell Communications), initial reactions have included the question: ‘What were the auditors doing?’ (Mitchell 1990).
Corporate Groups and Network Structure
Authors: Scott John 
Published: November 2023

Abstract
A starting point for many of the chapters of this volume is the ‘contract’ model of the enterprise, and the associated idea of the ‘nexus of contracts’ in corporate affairs. According to this viewpoint, relations between executive managers and the financial institutions which hold the company shares and which provide loans can be interpreted in contractual terms. Corporate entities can, on this basis, be seen as comprising complex networks of interests. Such a viewpoint does not go far enough. Several of the chapters in this section show that when a business operates through two or more companies, lawyers have considerable difficulty in recognizing a ‘group’ of companies as a legal entity. For this reason, an approach which reduces all business relations to contractual relations among individuals has a great appeal. But this is to side-step the problem, rather than to solve it. Our theories of how businesses operate must recognize the reality of corporate groups and a whole range of inter-corporate relations. It was the great French sociologist Emile Durkheim who criticized social contract and utilitarian theories for their neglect of what he called ‘the non-contractual element in contract’ (Durkheim 1893). By this he meant the framework of non-juridical norms and practices which structure legal relations. A sociological perspective on business affairs, then, must highlight the influence of such factors on corporate control and business decision-making.
Regulating Corporate Groups: An International Perspective
Authors: Hadden Tom 
Published: November 2023

Abstract
The corporate group, both national and multinational, is a significant institutional phenomenon in its own right. Its adoption as an almost universal form of business organization shows how flexible the corporate form has proved to be and how inventive the business community and its legal advisers have been in developing it. Group structures are ideally suited to the huge diversity of business requirements. They can ease the problems of operating in a large number of different jurisdictions. And they can, if desired, be used to shield the internal affairs of a business from unwanted governmental regulation.
Fraud and the Criminal Law
Authors: Smith J C 
Published: November 2023

Abstract
This paper is concerned with the adequacy of the substantive criminal law to deal with fraud. The recent spate of cases involving ‘mortgage frauds’ shows that all is not well. Convictions are quashed on grounds which have nothing to do with the merits of the case or the adequacy of the evidence but because of a defect in the substantive law or a failure to apply it. Its excessive complication leads to errors by prosecutors and courts. The vagueness and uncertainty of some parts of the law is also subject to legitimate criticism.
Some Procedural Problems in Criminal Fraud Cases
Authors: Qc Jeremy Roberts 
Published: November 2023

Abstract
An indictment is nothing else but a plain, brief and certain narrative of an offence committed by any person.’ So wrote Sir Matthew Hale in the seventeenth century. If only it were always that simple. It should be the aim of all practitioners of the law to say everything that needs to be said (and no more) in a manner that is ‘plain, brief and certain’. This is usually the most effective way of putting one’s case. It is not always easy to achieve. We have all had our failures: and I expect I will fail hopelessly in this paper.
Christian Reflections: Revelation as Historical Self-Manifestation
Authors: Ward Keith 
Published: November 2023

Abstract
A quite distinctive view of revelation is necessitated by the basic Christian belief that the Supreme is incarnate in the life of one particular man. This is not the belief that God tells humans what God is like or what the Divine purposes or laws are. It is not even that God shows what the Divine nature is like, as if there were one thing which somehow modelled another. It is rather that God makes the Divine reality itself present in a particular historical form. The life of Jesus, for a fully incarnational form of Christian faith, is the self-expression of the Eternal in time. Here the form of Supreme Goodness is fully realized in the particular; revelation is primarily a making-present of Supreme Being and Goodness in a person. This is not, as in Islam, the revelation of a set of propositions, as though God were dictating laws or doctrines to be carefully written down. It is not, as in Hinduism, an inner experience of a supreme Self, as though someone had a particularly vivid or intense sense of the Supremely Real. It is not, as in Buddhism, an experience of release from sorrow, desire, and attachment. It is not, as in Judaism, Divine disclosure through the control of historical events, as though God were causing water, wind, or earth to act in extraordinary or miraculous ways. It is the unlimited Divine Life taking form in a particular human life. It is the realization of the Eternal in a particular historical individual.
St Gregory the Theologian and St Maximus the Confessor: The Shaping of Tradition
Authors: Louth Andrew 
Published: November 2023

Abstract
One of St Maximus the Confessor’s most important works is his Liber ambiguous, as it is usually referred to in the title given it by its first, and for the most part only, translator, the ninth-century John Scotus Erigena-his Book of Difficulties (for the Greek behind Erigena’s ambiguum is aporia, perplexity or difficulty). It is, in fact, as is generally known, not a single work, but consists of two parts: Ambigua 6-71 arc a discussion of a string of difficult passages from the writings of St Gregory of Nazianzus that had been raised with Maximus by John, Archbishop of Cyzicus, to whom Maximus’ replies arc addressed. Polycarp Sherwood dates these to 628-30, during Maximus’ earlier African sojourn; Sherwood’s work on these ‘Earlier Ambigua’, as he calls them, is indispensable (it is, incidentally, only these earlier Ambigua that Eriugena translated). Ambigua 1-5 arc addressed to a certain Thomas, described as ‘the sanctified servant of God, spiritual father and teacher’: the first four discuss difficult passages in Gregory, like the earlier Ambigua, the last a difficult passage in Denys the Arcopagite’s fourth letter (the letter that contains the famous phrase about Christ’s ‘divine-human energy’; Maximus’ discussion in this difficulty includes a long analysis of this phrase). Sherwood dates these slightly later, to 634 or shortly after, just as the Monothelete controversy (at this stage I suppose ‘monenergic’ would be better) was getting under way. How and when these two parts were put together to form the Book of Difficulties is the subject of much controversy: it does not look as if there will be any definitive answer until we have a proper critical edition of all Maximus’ works.
Breach of Statutory Duty
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
The Financial Services and Markets Act 2000,2 like its predecessor, the Financial Services Act 1986, makes frequent use of the technique of expressly conferring a statutory right of action upon designated persons where loss has been suffered as a result of a breach of duty under the Act or delegated legislation or other rules made under its aegis. As always in English law, the relationship between the back ground common law and the statutory regime causes problems of exposition and overlap.
Misrepresentation and Duties of Disclosure
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
The aim of this chapter is to survey the relevant private law on actionable representations and duties of disclosure so far as those provisions have an impact on financial services. There is no attempt to provide a general description of causes of action and remedies for misrepresentation, as the rules can be found in the standard texts on contract,1 tort2 and restitution.3 However some authorities which are especially pertinent to the provision of financial advice are introduced in Section B of this chapter. The remainder of this chapter is concerned with duties of disclosure. The common law starting point is that there is no general principle requiring the disclosure of material facts during contractual negotiations.
Equitable Claims: Fiduciary Obligations, Undue Influence And Unconscionability
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
The core requirement for the recognition of a fiduciary obligation is an assumption of responsibility for the property or affairs of another. To this extent it shares one of its characteristics with some examples of obligations recognized by the tort of negligence. The courts have often reached the conclusion that a person providing financial advice has assumed the mantle of a fiduciary.
Limitation of Actions
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Part I of the Limitation Act 1980 prescribes the ordinary time limits for bringing actions of the various classes there mentioned. Part II of the Act then provides for circumstances in which these primary time limits may be extended or excluded.2 The basic rules of limitation are relatively straightforward to state; in their application to the specific factual matrices of a claim, however, they frequently prove not to be conducive to readily predictable outcomes.
The Powers and Procedures of the Financial Services Authority and the Tribunal
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
Following N2 and the implementation of the Financial Services and Markets Act 22.01 2000 (‘FSMA’ or ‘the Act’), the whole landscape of regulation in the United Kingdom changed. In the investment sector, authorization to carry on regulated investment business activity no longer depended upon membership of one of the self-regulatory or recognized professional bodies,1 where the fact of membership indicated assent to the requirements and expectations of the relevant self regulatory organization (‘SRO’) or recognized professional body (‘RPB’). The shift was.from self-regulation, where the power to admit, expel or discipline investment businesses was largely conferred on the particular SRO or RPB as part of the ‘contractual’ framework of membership to authorization under a statutory regime.
Expert Evidence
Authors: McMeel Gerard , Virgo John 
Published: November 2023

Abstract
In claims involving allegations of mis-selling of financial products, the potential need for expert evidence arises both in connection with establishing or refuting a breach of duty, and in quantifying loss. As a result of the Civil Procedure Rules 1998 (‘CPR’) no party to proceedings before a court may adduce expert evidence without the court’s express permission.1 In applying for permission to employ an expert, the applicant must now identify the field in which he wishes to rely on expert evidence and where practicable the identity of the expert.2 Thus the court will need first to be satisfied that the issue to be addressed by expert testimony is one properly calling for such evidence.
Drawing the lines together
Authors: Prechal Sacha 
Published: November 2023

Abstract
In the foregoing Chapters a detailed account has been given of the main characteristics of directives, the main problems related to their implementation, and the difficulties caused by their non-implementation or incorrect implementation. The role played by the national courts in enforcing directives and, in particular, in providing judicial protection has also been extensively discussed. Finally, the case law of the Court of Justice on consistent interpretation, direct effect of directives, and the liability of the State in cases of breach of Article 249(3) in particular, has been analysed and discussed in depth. An attempt has been made to elucidate the numerous questions which this complex subject ‘Directives’ raises and to bring together its man facets within one treatise.
Money Laundering and Acquisitive Crime: The Background and the Offences
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
Money laundering is the process of disguising the origins of property which has been acquired through criminal conduct. The dismantling of exchange controls in 1979, easy global travel, and the subsequent rapid development of electronic forms of communication, have all facilitated money laundering. Precise figures of the amount of money involved do not exist.
Money Laundering and Acquisitive Crime: The Proceeds of Crime
Authors: Ulph Janet , Tugendhat Sir Michael , Glister James 
Published: November 2023

Abstract
There is no common law right to strip criminals of their property. Consequently, if police sweep up assets found in the possession of a suspect to use in subsequent criminal proceedings, they have no right to retain those assets beyond the end of the trial unless there is a statutory power to do so. The police must return the assets to the owner; unfortunately, in the absence of any other evidence, they may have no choice but to return the property to the person in possession even though they have reason to suspect that the assets are stolen.
‘What we heard in the Lives of the saints we have seen with our own eyes’: the holy man as literary text in tenth-century Constantinople
Authors: Magdalino Paul 
Published: November 2023

Abstract
The late 1960s and early 1970s were a time of liberation movements, and Peter Brown’s seminal lectures and articles caught the mood of the moment. His perception of the late-antique holy man as the device of ‘a vigorous and sophisticated society’ helped to liberate hagiography from more than one form of oppression: from elitist disdain for what was deemed a low-life, popular genre; from positivist quarrying for nuggets of ‘hard’ information; and, last but not least, from purist concerns with authenticity which had dominated the best of hagiographical scholarship. Suddenly it did not matter so much whether a text was an Urtext or whether a ‘saint’ really deserved canonization: what mattered was the role accorded to the ‘holy man’. ‘Saint’ or ‘holy man’: Peter Brown was the first to exploit the unique choice of words available to writers of English. By introducing the Anglo-Saxon alternative with its tribal, pre-Christian, resonances he transformed the object of inquiry from a stained-glass image into a dynamic and transferable anthropological model. We learned to read saints’ Lives with new eyes, and our reading had all the excitement of fieldwork.
The New Constitutional Settlement
Authors: Hazell Robert 
Published: November 2023

Abstract
This chapter is in two parts. First, it draws on the conclusions of the previous chapters to identify the main features of the new constitutional settlement. We are going through a period of unprecedented constitutional change. Once those changes have settled down, what will be the main features of the new constitutional settlement, and how will it be characterized by the textbook writers in ten years’ time? Second, the chapter identifies some of the gaps which are beginning to emerge in the constitutional reform programme.
Lecture Two—Equity Follows the Law
Authors: Gummow W M C 
Published: November 2023

Abstract
The remedy of the common injunction gave equitable remedies that primacy which, at the doctrinal level, was represented by the prevalence given by s 25(11) of the Judicature Act 1873 (UK) to the rules of equity where there was any conflict or variance between them and the rules of the common law with respect to the same matter. The Judicature system, to a large and still insufficiently appreciated degree, also provided a modern law of procedure which was equitable in derivation. In the United States federal courts, that modern procedure was introduced in the 1938 Federal Rules of Civil Procedure. This represented the triumph of the views of Pound and others that it was the formalism of the common law writ system which hindered the just application of substantive law and its adjustment to modern circumstances.
Copyright and freedom of expression in europe
Authors: hugenholtz* P Bernt 
Published: November 2023

Abstract
Concern over the steady proliferation of intellectual property rights, or, con versely, the declining public domain is no longer limited to the United States. In recent years, an increasing number of prominent European scholars and judges have expressed their anxiety over the seemingly unstoppable growth of copyrights, neighboring rights, sui generis rights, trademarks, and other rights of intellectual or industrial property.1 Can the rising tide of copyright and related rights be stopped? Recent court decisions from Europe seem to suggest that freedom of expression and information, as guaranteed inter alia in the European Convention on Human Rights (‘ECHR’),2 may under specific cir cumstances limit overbroad protection.
Intellectual Property, Access To Information, And Antitrust: Harmony, Disharmony, And International Harmonization
Authors: ullrich* Hanns 
Published: November 2023

Abstract
The purpose of this chapter is to examine the question whether the ‘expand ing bounds of intellectual property’ also require expanding control of the exercise of intellectual property rights by antitrust laws. Such an expanded control may be a matter not only of substantive law, but also of the inter national reach of antitrust law and, as a consequence, of harmonizing its rules on the international level. However, the need for expanded control can only be determined by reference to the existing level of control. In this respect, con ventional wisdom is based on the assumption that there is a conflict between the exclusivity that intellectual property affords to the owner of protected subject matter and the kind of unrestricted competition that the antitrust laws are intended to safeguard. In particular, the conflict potential is thought to result from the risk that the exploitation of intellectual property by contract is used as an opportunity to restrain competition beyond the restrictive effects that are inherent in the exclusivity. In this perspective, the role of antitrust law is simply to contain the exercise of intellectual property rights within their bounds and limits. A whole body of intellectual property-related rules of antitrust law has been developed to deal with this conflict, and it has been developed along different lines in different countries.
A Banker’s Perspective
Authors: Town Lindsay J 
Published: November 2023

Abstract
At the time of writing, I have been involved in the asset finance business for twenty-five years and, of all the issues faced, the cross-border finance arena has often thrown up the most complex of challenges-and the most complex responses. It is for the foregoing reasons that I was delighted to be invited to present a short overview of the concerns that the secured lender faced when dealing on a cross-border basis. Although my own background is primarily in the leasing market, my views may well be considered to be equally appropriate for any form of cross-border transaction where the value of the asset being financed is a material part of the risk and reward calculation.