scholarly journals Combating Cyber Dependent Crimes: The Legal Framework in the UK

2016 ◽  
pp. 53-66 ◽  
Author(s):  
Oriola Sallavaci
Keyword(s):  
Legal Framework ◽  
The Uk

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

Placing sustainable development at the heart of government in the UK: the role of law in the evolution of sustainable development as the central organising principle of government

Legal Studies ◽  
2002 ◽  
Vol 22 (4) ◽  
pp. 578-601 ◽  
Author(s):  
Victoria Jenkins
Keyword(s):  
Sustainable Development ◽  
Audit Committee ◽  
Legal Framework ◽  
Legal Obligations ◽  
Statutory Duty ◽  
The Government ◽  
The Uk ◽  
Clear Statement ◽  
Close Investigation

The government has made a commitment to ensure that sustainable development is placed at the heart of decision-making. The UK's strategy has primarily involved the development of voluntary measures to achieve sustainable development in policy-making. These measures are monitored by a Sustainable Development Commission and, most importantly, a parliamentary Environmental Audit Committee. However, a number of public bodies also have a statutory duty in respect of sustainable development. These duties do not create enforceable legal obligations, but may have significant value as a clear statement of policy on the achievement of sustainable development – providing political leadership at the highest level. It is essential to this aim that the government provides a clear message regarding the objective of sustainable development. However, close investigation of these duties reveals not only a partial legal framework, but a number of inconsistencies in the government's approach to the achievement of sustainable development.

scholarly journals Law Part of the Framework for Accountability in Policy Interpretation and Practice

2017 ◽  
Vol 5 (1) ◽  
pp. 91
Author(s):  
Vanessa Abbasi ◽  
Karolina Marzieh
Keyword(s):  
Welfare Policy ◽  
Empirical Work ◽  
Work Practice ◽  
Legal Framework ◽  
Social Work Practice ◽  
European Convention ◽  
Ethical Practice ◽  
Academic Environments ◽  
Policy Interpretation ◽  
The Uk

Law can increasingly be seen as part of the framework for accountability in policy interpretation and practice. This is reflected in important judgments in the UK and European context, where courts have been proactive in challenging restrictive interpretations by agencies of their legal duties, or even by parliament in law-making that is incompatible with the European Convention on Human Rights and Fundamental Freedoms. Without attention to the practice environment for legal and ethical practice, the role of law in welfare reform will be compromised, however robust the legal framework. Subsequently, empirical work has explored how social workers learn about the law, in both practice and academic environments, and how they use that learning. This paper considers the complex relationships between law, welfare policy and social work practice, to address the question of what role legal frameworks might play in achieving welfare policy and professional practice goals. These debates illustrate is the essentially contested nature of the relationship between law and practice and the delicate balance between law and ethics within a framework for professional accountability. It is hardly surprising, perhaps, that law is often seen by practitioners as alien and hostile territory.

scholarly journals MENTAL HEALTH ISSUES AT WORKPLACE: AN OVERVIEW OF LAW AND POLICY IN MALAYSIA AND UNITED KINGDOM (UK)

2020 ◽  
Vol 5 (21) ◽  
pp. 316-329
Author(s):  
Ruzita Azmi ◽  
Siti Nur Samawati Ahmad ◽  
Bidayatul Akmal Mustafa Kamil
Keyword(s):  
Mental Health ◽  
Mental Health Problems ◽  
Comparative Method ◽  
Developed Countries ◽  
Legal Framework ◽  
Health Problems ◽  
Comparative Approach ◽  
Research Approach ◽  
Law And Policy ◽  
The Uk

Surveys showed that workers in Malaysia are at high risk of health problems including mental health problems that stemmed from the rising stress level at work. Despite having employees’ safety, health, and welfare being codified, depression will be a major mental health illness among Malaysian by 2020. The Occupational Safety and Health Act 1994 (OSHA 1994) that caters to legislative framework in terms of securing safety, health, and welfare among Malaysian workforces has no provisions to provide a supportive environment for mental health wellbeing at the workplace as well as support for employees with a mental health problem. Furthermore, OSHA 1994 is self-regulated, causing fewer employers to develop OSH codes of practice and guidelines. This is among the weaknesses of OSHA 1994. This paper aims to examine the existing law and policy in Malaysia on mental health at the workplace. It also aims to compare the policy and legal framework in developed commonwealth countries such as the UK. This paper applies qualitative and comparative methods, consisting of a doctrinal legal research approach to understand the principles of law and policies dealing with mental health. A comparative method is employed in order to compare the policies and legal frameworks of mental health wellbeing in developed countries such as the UK. The comparative approach involves an examination of the similarities and dissimilarities between situations within the same legal system. The paper concludes that in order to support mental health and wellbeing at the workplace, a comprehensive legal framework and effective policy are needed especially for Malaysia. Compared with the UK, Malaysia is still lagged behind and has so much to learn from UK’s experiences to tackle issues on mental health.

scholarly journals Misleading Advertisement and its regulation in the EU Medicine Promotion legal framework

2021 ◽  
Author(s):  
Adewale Lawrence
Keyword(s):  
Pharmaceutical Company ◽  
Code Of Conduct ◽  
High Standard ◽  
Legal Framework ◽  
Sales Promotion ◽  
The European Union ◽  
Promotion Strategy ◽  
European Legislation ◽  
Code Of Practice ◽  
The Uk

Promotion of medicine is “any activity undertaken by a pharmaceutical company or with its authority which promotes the administration, consumption, prescription, purchase, recommendation, sale, supply or use of its medicine’’. Given the billions of dollars spent during drug development, a pharmaceutical company must be able to make a profit in order to sustain its self, as such, a good promotion strategy to market the product is paramount to the success of the company. The promotion of medicine might take several forms, such as journal and direct mail advertising, activities of representatives, the supply of samples, provision of inducements within the legal framework, provision of hospitality for promotional purposes, sponsorship of promotional or scientific meetings and other sales promotion in whatever form. Advertising of medicine is acceptable as long as it follows the standards of practice. According to the UK MHRA, the “society demands that advertising of any commodity, service or anything that may be of interest to the consumer, should be of a high standard and should not include anything that could cause serious or widespread offence, create unrealistic expectations in the consumer or be misleading’’. The European Union (EU) has a harmonized European Community (EC) policy on medicine advertisement with legislation and code of conduct as incorporated in the principles set out in the WHO Ethical Criteria for Medicinal Drug Promotion, the IFPMA code of practice, the EFPIA Code of Promotion on Prescription-Only Medicines, and Directive 2001/83/EC on the community code relating to medicinal products for human use, as amended by Directive 2004/27/EC3. Aside from the European legislation on advertising, each Member State also has national bodies responsible for the monitoring and enforcement to ensure compliance with the rules. For example, the United Kingdom MHRA uses both its national and European legislation to monitor advertising activities in the UK.

Medical innovation laws: an unnecessary innovation

2016 ◽  
Vol 40 (3) ◽  
pp. 282 ◽  
Author(s):  
Bernadette Richards
Keyword(s):  
Medical Treatment ◽  
Standard Of Care ◽  
Legal Framework ◽  
Policy Position ◽  
Medical Innovation ◽  
Legal Principles ◽  
Innovative Treatment ◽  
Legal Innovation ◽  
The Law ◽  
The Uk

Objective This paper aims to demonstrate that any suggestion that there is a need for specific innovation laws is flawed. Innovation is central to good medical practice and is adequately supported by current law. Methods The paper reviews the nature of medical innovation and outlines recent attempts in the UK to introduce specific laws aimed at ‘encouraging’ and ‘supporting’ innovation. The current legal framework is outlined and the role of the law in relation to medical innovation explored. Results The analysis demonstrates the cyclic relationship between medical advancement and the law and concludes that there is no requirement for specific innovation laws. Conclusions The law not only supports innovation and development in medical treatment but encourages it as central to a functioning medical system. There is no need to introduce specific laws aimed at medical innovation; to do so represents an unnecessary legal innovation and serves to complicate matters. What is known about the topic? Over recent months, there has been a great deal of discussion surrounding the law in the context of medical innovation. This was driven by the attempts in the UK to introduce specific laws in the Medical Innovation Bill. The general subject matter – negligence and the expected standard of care in the provision of treatment – is very well understood, but not in cases where the treatment can be described as innovative. The general rhetoric in both the UK and Australia around the Medical Innovation Bill demonstrates a lack of understanding of the position of the law with regards to innovative treatment. What does this paper add? This paper adds clarity to the debate. It presents the law and explains the manner in which the law can operate around innovative treatment. The paper asserts that medical innovation is both supported and encouraged by existing legal principles. What are the implications for practitioners? The paper presents an argument that can guide the policy position in this area. It also provides clarity around the legal position and expected standard of care for those who are introducing innovative medical treatment.

Comparison of Contractual Liability Patterns in the British Legal System and the Iranian Legal System

2021 ◽  
Vol 3 (2) ◽  
pp. 10-15
Author(s):  
Nancy Asbaghipour ◽  
Reza Simbar
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Iranian Law ◽  
The Uk ◽  
The Way

No part of society can elude legitimate occasions. Some of the time, eagerly or unwillingly, another is hurt, and the issue of hurtful obligation or how to compensate is raised by others. The rules and controls of each nation or other nations may be distinctive, and the way of demonstrating obligation and its components and the approach of the courts in deciding the sum of harms may moreover be diverse. Since the legitimate British framework is to some degree diverse from the legitimate Iranian framework, it appears valuable to know the sees of this framework. The think about of these likenesses and contrasts, counting the way of sanctioning laws, their modification, the way of the trial of courts and the limits of duties and the way of execution of judgments, raises numerous scores and gives other viewpoints for analysts to be utilized in tackling issues in society. The article presented attempts to clarify the perspective of the UK legal framework and compare it with the Iranian legal framework in terms of designing respectful risks within the contract to realize the over the result. All legitimate frameworks look for a full stipend. In this respect, due to the reality that the strategy of remuneration among other remuneration strategies within the UK, the legitimate framework of this nation has set exact criteria based on which the assurance of full emolument. It is more standard and precise. Iranian law is generally appropriate on the issue of damages. This can occur despite the fact that the refusal of the rule of the presence of a way of a stipend in infringement of legally binding commitments has not been considered with assurance.

US and UK Tender Offers, Exchange Offers, and Other Out-of-Court Restructurings

2017 ◽  
Author(s):  
James McDonald ◽  
Danny Tricot ◽  
Richard Ho
Keyword(s):  
Management Strategy ◽  
Legal Framework ◽  
Tender Offer ◽  
Tender Offers ◽  
Liability Management ◽  
The Us ◽  
Outstanding Debt ◽  
Practical Guidance ◽  
The Uk

This chapter examines several options available to financially troubled companies in connection with out-of-court restructurings in the US and the UK, and provides practical guidance for each option. Specifically, we discuss tender offers, exchange offers and amendments of outstanding debt securities, including the use of exit consents, and their use in conjunction with prepackaged or prearranged bankruptcies in the US. We also discuss the principal legal framework surrounding bond repurchases, issues relating to such repurchases, and the liability management strategy of combining the consensual nature of the tender offer with an exit consent in the UK.

Part III The Legal Framework, 9 Damages

2020 ◽  
Author(s):  
Veljanovski Cento
Keyword(s):  
Legal Framework ◽  
Competition Authority ◽  
Legal Basis ◽  
Collective Actions ◽  
National Courts ◽  
National Competition ◽  
National Competition Authority ◽  
The Uk ◽  
The Right ◽  
Lost Profit

This chapter assesses damages actions for competition infringement. The Damages Directive sets out a common legal basis across the EU for the right of those harmed by a competition infringement to sue and quantification of damages. It has been transposed into the UK and incorporated as Schedule 8A of the Competition Act 1989. The Damages Directive gives the national courts the power to estimate the overcharge; requires the European Commission to issue guidelines on the quantification of overcharges and on ‘pass-on to’; and advises that the national courts can request assistance from a willing national competition authority where appropriate to determine quantum. In English law, the position is that damages are compensatory and aim to place the victim in the position they would have been had they not been injured so far as monetary compensation can. There are several heads or types of damages that have so far been claimed: overcharge damages; lost volume or lost profit damages; run-on damages; umbrella damages; cost-based damages; future losses, lost chance, and lost opportunity damages; and aggregate damages in collective actions.

scholarly journals The Financial Investigation of Human Trafficking in the UK: Legal and Practical Perspectives

2019 ◽  
Vol 83 (4) ◽  
pp. 284-293 ◽  
Author(s):  
Ben Middleton ◽  
Georgios A Antonopoulos ◽  
Georgios Papanicolaou
Keyword(s):  
Human Trafficking ◽  
Legal Framework ◽  
Organised Crime ◽  
Political Agenda ◽  
The Political ◽  
Law And Policy ◽  
Modern Slavery ◽  
The Government ◽  
The Uk

A significant body of law and policy has been directed to organised crime generally, with Human Trafficking remaining high on the political agenda. This article conducts a contextualised study of Human Trafficking in the UK, examining the underpinning legal framework before drawing on the expertise of key professionals in the sector, who have been interviewed for this purpose. It is suggested that it is not so much the legal framework that is the problem, but rather there are a number of practical and policy-related considerations that the government should consider as part of their efforts to combat Modern Slavery and Human Trafficking.

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