BANKER’S LIABILITY FOR POST-PETITION DISPOSITIONS

2001 ◽  
Vol 60 (3) ◽  
pp. 441-492
Author(s):  
Christopher Hare
Keyword(s):  
Current Account ◽  
The Other ◽  
Considerable Difficulty ◽  
Competing Interests ◽  
Other Hand ◽  
Court Orders ◽  
The One ◽  
A Company ◽  
Court Of Appeal ◽  
Consistent Approach

Once a petition to wind-up a company has been presented, a balance must be struck between two competing interests. On the one hand, the allegedly insolvent company must be allowed to continue trading until the court has had an opportunity to examine the bien-fondé of the petition; on the other hand, the company’s directors must be prevented from dealing with the corporate assets in a way detrimental to the interests of the general creditors. This balance is struck by the Insolvency Act 1986, s. 127, which provides that, upon the granting of a winding-up order, any “dispositions” of the company’s property in the period following the presentation of the petition are retrospectively avoided, unless the court orders otherwise. The courts have, however, had considerable difficulty in applying this provision to the post-petition operation of a company’s current account and, in particular, have failed to adopt a consistent approach to the potential liability of a bank for continuing to operate such an account. The Court of Appeal addressed this problem in Hollicourt (Contracts) Ltd. v. Bank of Ireland [2001] 2 W.L.R. 290.

Treaties on Transit of Energy via Pipelines and Countermeasures

2015 ◽  
Author(s):  
Azaria Danae
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
The Other ◽  
Competing Interests ◽  
Other Hand ◽  
Energy Charter Treaty ◽  
International Responsibility ◽  
The One ◽  
Bilateral Treaties ◽  
The Relationship

This monograph examines the relationship between treaties providing for uninterrupted energy transit and countermeasures under the law of international responsibility. It analyses the obligations governing energy transit through pipelines in multilateral and bilateral treaties, looking at the WTO Agreement, the Energy Charter Treaty, and sixteen bespoke pipeline treaties. It argues that a number of transit obligations under these treaties are indivisible, reflecting the collective interests of states parties. The analysis is placed in the historical and normative landscape of freedom of transit in international law. After setting out the content and scope of obligations concerning transit of energy, it distinguishes countermeasures from treaty law responses, and examines the dispute settlement and compliance supervision provisions in these treaties. Building on these findings, the work discusses the availability and lawfulness of countermeasures as, on the one hand, a means of implementing the transit state’s responsibility for interruptions of energy transit via pipelines; and, on the other hand, circumstances that preclude the wrongfulness of the transit state’s interruptions of transit. The competing interests of the transit state and those of the states dependent on the pipeline make this question one of the most controversial aspects of modern international law.

Reservation of title in England and New Zealand

Legal Studies ◽  
1992 ◽  
Vol 12 (2) ◽  
pp. 195-209 ◽  
Author(s):  
Gerard McCormark
Keyword(s):  
New Zealand ◽  
Subject Matter ◽  
The Other ◽  
Other Hand ◽  
House Of Lords ◽  
The Subject ◽  
The One ◽  
Court Of Appeal

Reservations of title clauses have enjoyed mixed fortunes in recent times at the hands of the courts in Britain. On the one hand, the House of Lords has upheld the validity and effectiveness of an ‘all-liabilities’ reservation of title clause. On the other hand, claims on the part of a supplier to resale proceeds have been rejected in a string offirst instance decisions. Reservation of title has however been viewed more favourably as a phenomenon in New Zealand. In the leading New Zealand case Len Vidgen Ski and Leisure Ltd u Timam Marine Supplies Ltd. a tracing claim succeeded. Moreover in Coleman u Harvey the New Zealand Court of Appeal gave vent to the view that the title of the supplier is not necessarily lost when mixing of goods, which are the subject matter of a reservation of title clause, has occurred. There are now a series of more recent New Zealand decisions, some of them unreported, dealing with many aspects of reservation of title.

scholarly journals Hohepa Wi Neera: Native Title and the Privy Council Challenge

2004 ◽  
Vol 35 (1) ◽  
pp. 73
Author(s):  
John William Tate
Keyword(s):  
New Zealand ◽  
The Other ◽  
Privy Council ◽  
Native Title ◽  
Other Hand ◽  
Solicitor General ◽  
The One ◽  
Court Of Appeal

The case of Hohepa Wi Neera illustrates an unprecedented clash of judicial approaches to native title claims. On the one hand, the New Zealand Court of Appeal was determined to continue the line of reasoning most notably enshrined in Wi Parata v Bishop of Wellington. On the other hand, the Privy Council, in Nireaha Tamaki v Baker had partially overturned Wi Parata by insisting that native title fell within the jurisdiction of the courts, at least when prerogative powers were not involved. The author argues that in Hohepa Wi Neera, the Court of Appeal quite deliberately tried to avoid the implications of the Privy Council's decision. In doing so, it exhibited a marked "colonial consciousness" which it was prepared to defend even to the extent of open breach with the Privy Council. The 1912 case of Tamihana Korokai v Solicitor-General, however, showed the extent to which the Court of Appeal was capable of shedding that "colonial consciousness" and embracing the earlier Privy Council ruling. The author demonstrates that this apparent irony sheds light on our understanding of the earlier cases.

It's All About Creating Customer Value

2021 ◽  
pp. 226-256
Author(s):  
Jurgen Janssens
Keyword(s):  
Customer Value ◽  
Real Life ◽  
Project Managers ◽  
The Other ◽  
Customer Engagement ◽  
Product Experience ◽  
Digital Era ◽  
Other Hand ◽  
The One ◽  
A Company

In a digitally (em)powered age, customers expect a service and product experience in line with continuously evolving expectations. This induces great potential for organisations that shape engagement before, during, or after the main customer touch points. Powered by insights coming from the CRM driven 360° view, they entail even more value when enabling a company to quickly and continuously learn from its experiences. This chapter will illustrate that project managers need to master a dual dynamic to attain through activated customer engagement. On the one hand, new types of projects, changing expectations, and shifting habits offer humbling challenges. On the other hand, governance, change, and delivery continue to be the foundational baseline. By integrating theoretical insights and real-life cases, the author wants to stimulate project managers. Rather than seeing the digital era as a transformational tsunami for customer engagement, they should see it as an opportunity to go beyond things in a reality where rapidly changing demand entails growth, learning, and great value.

4. Uncertain and Incomplete Agreements

Contract Law ◽  
2018 ◽  
Author(s):  
Ewan McKendrick
Keyword(s):  
Case Law ◽  
The Other ◽  
Considerable Difficulty ◽  
Other Hand ◽  
Legal Effect ◽  
The One

The parties to agreements sometimes express themselves in terms that are vague, incomplete, or uncertain. The courts have experienced considerable difficulty in deciding whether or not an agreement has been expressed in a form that is sufficiently certain for them to enforce. On the one hand, judges generally do not wish to be seen to be making the contract for the parties, and on the other hand, are reluctant to deny legal effect to an agreement that the parties have apparently accepted as valid and binding. The result has been a degree of tension in the case-law. This chapter examines two groups of cases. The first group consists of cases in which it was held that the agreement was too uncertain or too vague to be enforced, while the second comprises a number of cases in which the courts have concluded that the agreement was valid and binding.

Project Management and Customer Activation

2021 ◽  
pp. 253-274
Author(s):  
Jurgen Janssens
Keyword(s):  
Project Management ◽  
Real Life ◽  
Project Managers ◽  
The Other ◽  
Customer Engagement ◽  
Product Experience ◽  
Digital Era ◽  
Other Hand ◽  
The One ◽  
A Company

In a digitally (em)powered age, customers expect a service and product experience in line with continuously evolving expectations. This induces great potential for organisations that shape engagement before, during, or after the main customer touch points. Powered by insights coming from the CRM-driven 360° view, they entail even more value when enabling a company to quickly and continuously learn from its experiences. This chapter will illustrate that project managers need to master a dual dynamic to attain through activated customer engagement. On the one hand, new types of projects, changing expectations, and shifting habits offer humbling challenges. On the other hand, governance, change, and delivery continue to be the foundational baseline. By integrating theoretical insights and real-life cases, the author wants to stimulate project managers. Rather than seeing the digital era as a transformational tsunami for customer engagement, they should see it as an opportunity to go beyond things in a reality where rapidly changing demand entails growth, learning, and great value.

scholarly journals COMPROMISE, UNDUE INFLUENCE AND ECONOMIC DURESS Gerolomou Constructions (Pty) Ltd v Van Wyk 2011 (4) SA 500 (GNP)

Obiter ◽  
2021 ◽  
Vol 33 (3) ◽  
Author(s):  
CJ Pretorius ◽  
R Ismail
Keyword(s):  
Supreme Court ◽  
Case Note ◽  
The Other ◽  
Undue Influence ◽  
Other Hand ◽  
The Supreme Court ◽  
The Law ◽  
The One ◽  
Court Of Appeal ◽  
Sound Judgment

The matter of Gerolomou Constructions (Pty) Ltd v Van Wyk (2011 (4) SA 500 (GNP)) alludes to two rather problematic aspects of the law of contract: on the one hand it demonstrates that practically speaking the question of what constitutes an enforceable agreement of compromise is still no easy matter, and despite the sound judgment delivered recently by the Supreme Court of Appeal in Be Bop A Lula Manufacturing & Printing CC v Kingtex Marketing (Pty) Ltd (2008 (3) SA 327 (SCA)), it seems that the judiciary’s interpretation as to when an offer of compromise exists remains difficult to predict. On the other hand the Gerolomou decision deals with improperly obtained consensus by way of undue influence, whereas the facts actually fit more comfortably into the niche of so-called economic duress, a form of procedural impropriety that has yet to be recognized as an independent ground for setting aside a contract in our law. This case note examines these issues against the backdrop of the manner in which the case was pleaded.

scholarly journals Problems with Activity-Based Costing Implementation in Polish and Lithuanian Companies

2020 ◽  
Vol 31 (1) ◽  
pp. 26-38
Author(s):  
Żaneta Pietrzak ◽  
Tomasz Wnuk-Pel ◽  
Ceslovas Christauskas
Keyword(s):  
Alternative Explanation ◽  
The Other ◽  
Research Purpose ◽  
Activity Based Costing ◽  
Research Results ◽  
Similar Difference ◽  
Other Hand ◽  
The One ◽  
Implementation Problems ◽  
A Company

The research purpose was to examine the problems of companies in implementing Activity-Based Costing and, in particular, to analyze the differences in assessing the level of these problems perceived by organizations using the system, considering its implementation, those which had not considered it, and those which had rejected it. The research showed that the problems with ABC implementation seen by adopters were considerably smaller compared to the other groups. A similar difference was noted between enterprises that were considering the implementation of the ABC system (and not considering it at all) and those that rejected it. The last group perceived implementation problems to be bigger than was the case in the groups which were still considering implementation or had not considered it at all. The findings seem to support the view that companies are making ABC implementation decisions rationally. On the one hand, when the problems perceived during implementation are relatively small, the company adopts ABC. On the other hand, when a company perceives the implementation problems as being quite significant, it rejects the implementation. In the middle of the scale are companies considering the implementation of ABC and others that are not thinking about it at all. They assess the perceived problems as moderate and are not in a position yet to decide for or against ABC implementation. There could also be an alternative explanation for the research results. It may be the case that companies, which have not implemented ABC overestimate the implementation problems.

Looking to the Future of Enterprise-Wide Systems

2011 ◽  
pp. 288-293
Author(s):  
Frédéric Adam ◽  
David Sammon
Keyword(s):  
Type Systems ◽  
The Other ◽  
Failure Rates ◽  
Erp Systems ◽  
Other Hand ◽  
The Future ◽  
The One ◽  
A Company

Many readers of this book may come to the conclusion that the collection of chapters presented here yields more questions than answers. This may well be true, but it is more a reflection of the difficulty and enormity of the problems raised by enterprise-wide systems than a failure on our part, and the part of the authors of the different chapters. We are believers that the concept of a unified system serving the needs of the whole corporation is a suitable and exciting target for researchers and IS managers. We are, however, also convinced that it is less straightforward a target to achieve than many software vendors and consultants would like managers to believe. As early as 1972, Dearden declared his belief that: The notion that a company can and ought to have an expert (or a group of experts) create for it a single, completely integrated super-system — an MIS — to help it govern every aspect of its activity is absurd. This statement indicates that, on the one hand, IS specialists have been trying to develop such systems as ERP systems since the beginning of IS times. It also indicates, on the other hand, that it is probably only now that we have the technology and the platforms necessary to achieve such an ambitious objective. This will not happen without extensive research into the design of ERP systems and the correct approach to their implementation; or the problems raised by organisational fit may persist in keeping failure rates with ERP type systems unacceptably high.

4. Uncertain and Incomplete Agreements

Contract Law ◽  
2020 ◽  
pp. 119-141
Author(s):  
Ewan McKendrick
Keyword(s):  
Case Law ◽  
The Other ◽  
Considerable Difficulty ◽  
Other Hand ◽  
Legal Effect ◽  
The One

The parties to agreements sometimes express themselves in terms that are vague, incomplete, or uncertain. The courts have experienced considerable difficulty in deciding whether or not an agreement has been expressed in a form that is sufficiently certain for them to enforce. On the one hand, judges generally do not wish to be seen to be making the contract for the parties, and on the other hand, are reluctant to deny legal effect to an agreement that the parties have apparently accepted as valid and binding. The result has been a degree of tension in the case-law. This chapter examines two groups of cases. The first group consists of cases in which it was held that the agreement was too uncertain or too vague to be enforced, while the second comprises a number of cases in which the courts have concluded that the agreement was valid and binding.

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