A critique of shareholder primacy under UK takeover law and the continued imposition of the Board Neutrality Rule

2015 ◽  
Vol 57 (4) ◽  
pp. 235-264 ◽  
Author(s):  
Chrispas Nyombi
Keyword(s):  
Design Methodology ◽  
Common Law ◽  
Role Play ◽  
Case Law ◽  
Research Literature ◽  
Company Law ◽  
Shareholder Primacy ◽  
Content Type ◽  
Law And Policy ◽  
Detailed Assessment

Purpose – The purpose of this paper is to determine whether the Board Neutrality Rule and the primacy afforded to shareholders during takeovers is justified under common law and policy. Design/methodology/approach – The paper provides a detailed assessment of the role play by the board neutrality rule and whether this is supported by takeover law and Company law. A review of case law and statutes is provided. The paper is largely analytical. Findings – The paper finds little justification for the continued imposition of the Board Neutrality Rule. Originality/value – The paper adds to the growing body of research literature which has analysed the role played by the Board Neutrality Rule during takeovers.

Lifting the veil of incorporation under common law and statute

2014 ◽  
Vol 56 (1) ◽  
pp. 66-81 ◽  
Author(s):  
Chrispas Nyombi
Keyword(s):  
Design Methodology ◽  
Common Law ◽  
Case Law ◽  
Recent Case ◽  
Full Account ◽  
Content Type ◽  
Statutory Provision ◽  
The Veil ◽  
Corporate Personality

Purpose – The paper examines case law and statutory provisions related to lifting the corporate veil. The aim of the paper is to explore recent case law in order to determine whether courts have moved away from an overly restrictive approach when dealing with cases relating to the corporate personality. To offer a full account of the exceptions to the corporate personality doctrine, this paper also examines cases where the veil of incorporation is lifted due to a breach of a statutory provision. Design/methodology/approach – The paper reviews recent case law and statutory provisions relating to lifting the corporate veil. The paper critically reviews the exceptions to the corporate personality doctrine which amount to lifting the corporate veil. Findings – The paper finds that courts are more willing to lift the corporate veil compared to before. They have moved away from the restrictive approach and this is demonstrated by the tendency to find new exceptions to the corporate personality doctrine such as the interests of justice argument or lifting the veil in tort cases. Originality/value – The paper offers an up-to-date assessment of the exceptions to the corporate personality doctrine and highlights the growing tendency to finding new ways of lifting the corporate veil.

The gradual erosion of the ultra vires doctrine in English company law

2014 ◽  
Vol 56 (5) ◽  
pp. 347-362
Author(s):  
Chrispas Nyombi
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Company Law ◽  
Content Type ◽  
Over Time

Purpose – The purpose of this paper is to discuss the doctrine of ultra vires and its development over time, which is claimed to be one of gradual erosion. Design/methodology/approach – This paper discusses the doctrine of ultra vires and its development overtime, which is claimed to be one of gradual erosion. Findings – It shows how the abolition of the objects clause has signalled the end of ultra vires. Today, it remains nothing more than a ghost, but one which continues to haunt management. Originality/value – It builds on existing research literature.

scholarly journals Vulnerable adults in police custody

2019 ◽  
Vol 22 (1) ◽  
pp. 5-8
Author(s):  
Ian Cummins
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Police Custody ◽  
England And Wales ◽  
Content Type ◽  
Increased Risk ◽  
Vulnerable Adults

Purpose The purpose of this paper is to discuss the recent National Appropriate Adult Network (NAAN) report on the role of the appropriate adult. Design/methodology/approach This paper is based on the NAAN report and a review of relevant policy and research literature. Findings There to Help 2 highlights that there are still significant gaps in the provision of appropriate adult schemes across England and Wales. These gaps potentially place vulnerable adults at increased risk. Originality/value This paper is a review of recent research.

Formation of contracts for the international sale of goods under Korean law and the CISG

2017 ◽  
Vol 21 (3) ◽  
pp. 208-223
Author(s):  
Byung Mun Lee
Keyword(s):  
Comparative Study ◽  
Design Methodology ◽  
Case Law ◽  
The Other ◽  
Basic Question ◽  
Content Type ◽  
International Sale Of Goods ◽  
The Comparative Study ◽  
International Sales ◽  
Insight Into

Purpose The purpose of this paper is to describe and analyze the rules on the formation of contracts under Korean law and the Contracts for the International Sale of Goods (CISG) in a comparative way and introduce the relevant proposed rules under the Amendment Draft of the Korean Civil Code (KCC). In addition, it attempts to compare and evaluate them in light of the discipline of comparative law. Design/methodology/approach In order to achieve the purposes of the study, it executes a comparative study of the rules as to the formation of contracts of the CISG, Korean law and the Amendment Draft of the KCC. The basic question for this comparative study is placed on whether a solution from one jurisdiction is more logical than the others and to what extent each jurisdiction has responded to protect the reasonable expectations of the parties in the rules as to the formation of contracts. Findings The comparative study finds that most of the rules under the CISG are quite plausible and logical and they are more or less well reflected in the proposals advanced by the KCC amendment committee. On the other hand, the other rules under the CISG which have brought criticisms in terms of their complexity and inconsistent case law invite us their revision or consistent interpretation. The drawbacks of the CISG have also been well responded in the Amendment Draft of the KCC. Nevertheless, it is quite unfortunate that the Amendment Draft of the KCC still has a rule that regards any purported performance with non-material alteration of the terms of an offer as an acceptance. Originality/value This study may provide legal and practical advice to both the seller and the buyer when they enter into a contract for international sales of goods. In addition, it may render us an insight into newly developed or developing rules in this area and show us how they interact with each other. Furthermore, it may be particularly useful in Korea where there is an ongoing discussion for revision of the KCC.

Qualitative generalising in accounting research: concepts and strategies

2016 ◽  
Vol 29 (6) ◽  
pp. 1100-1131 ◽  
Author(s):  
Lee D. Parker ◽  
Deryl Northcott
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Key Factors ◽  
General Applicability ◽  
Information Systems Management ◽  
Content Type ◽  
Accounting Research ◽  
Research Findings ◽  
Quality Of Research

Purpose – The purpose of this paper is to identify and articulate concepts and approaches to qualitative generalisation that will offer qualitative accounting researchers avenues for enhancing and justifying the general applicability of their research findings and conclusions. Design/methodology/approach – The study and arguments draw from multidisciplinary approaches to this issue. The analysis and theorising is based on published qualitative research literatures from the fields of education, health sciences, sociology, information systems, management and marketing, as well as accounting. Findings – The paper develops two overarching generalisation concepts for application by qualitative accounting researchers. These are built upon a number of qualitative generalisation concepts that have emerged in the multidisciplinary literatures. It also articulates strategies for enhancing the generalisability of qualitative accounting research findings. Research limitations/implications – The paper provides qualitative accounting researchers with understandings, arguments and justifications for the generalisability of their research and the related potential for wider accounting and societal contributions. It also articulates the key factors that impact on the quality of research generalisation that qualitative researchers can offer. Originality/value – This paper presents the most comprehensively sourced and developed approach to the concepts, strategies and unique deliverables of qualitative generalising hitherto available in the accounting research literature.

Getting acquainted with social networks and apps: talking about TikTok

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Katie Elson Anderson
Keyword(s):  
Social Networks ◽  
Social Media ◽  
Literature Review ◽  
Design Methodology ◽  
Research Literature ◽  
Content Type ◽  
Social Media Platform ◽  
The Social ◽  
Media Platform ◽  
Information Professionals

Purpose This paper aims to provide information and promote discussion around the social media platform TikTok. Design/methodology/approach Research, literature review. Findings Libraries and library and information professionals should be aware of the potential of TikTok for engagement and information sharing. Originality/value Adds to the research on the social media platform TikTok.

The anti-social behaviour, crime and policing act in practice – a practitioner perspective

2016 ◽  
Vol 15 (4) ◽  
pp. 176-182
Author(s):  
Kirsty Varley
Keyword(s):  
Social Housing ◽  
Social Behaviour ◽  
Design Methodology ◽  
Case Law ◽  
Press Coverage ◽  
Content Type ◽  
Insight Into ◽  
The Way

Purpose The purpose of this paper is to offer a practitioner’s perspective to the Anti-Social Behaviour Crime and Policing Act 2014. Many of the new sections are now in force and three in particular have been of interest to me in the last 12-18 months. Design/methodology/approach The paper is written on the basis of the author’s own knowledge, experience and cases that the author has dealt with under the new legislation. Where cases have been published the author has included the relevant links to press coverage. Findings The financial limitations upon registered provides of social housing (RPs) will affect the way in which they conduct litigation and so might mean that RPs are less likely to want to take risks in court. The new grounds have not faced meaningful challenge yet, and so their use might be limited until case law is developed and settled to provide more certainty in this area. Originality/value The perspective is the author’s own and has been written solely by the author for this specific purpose. It is hoped that this will offer insight into the development of anti-social behaviour/housing law and how practitioners view the changes now that they are in force.

Procedural dungeon generation in RPG games

2017 ◽  
Vol 34 (10) ◽  
pp. 13-14
Author(s):  
David David ◽  
Albertus Agung ◽  
Yudy Tirana
Keyword(s):  
Data Collection ◽  
Game Design ◽  
Design Methodology ◽  
Research Literature ◽  
Difficulty Level ◽  
Generation Process ◽  
Content Type ◽  
Waterfall Model ◽  
Implementation Data ◽  
Combined Algorithm

Purpose The purpose of this paper is to develop and evaluate a procedural dungeon generation application that created a variant dungeon floor. Procedural dungeon generation makes it easy for a designer to design a level. The result shows that the algorithm can create a variant dungeon based on the parameter on the game. This game also has a high re-playability, thanks to the generation process. Design/methodology/approach Research methods include methods of data collection, design and implementation. Data collection was done through research literature, questionnaires and analyzing some similar applications. Designing game application using game design document and implementation was the done using the waterfall model and the unity game engine. Findings Procedural dungeon generation is important when designing the game. If done correctly, it will reduce the designer’s time to design the map especially in dungeon, where in the dungeon, there are many floors and each floor must be designed differently based on the difficulty level of the game. The application uses the combined algorithm to create a variant dungeon, where each algorithm has its own advantages that the designer can use to design the variety of the dungeon. It also opens more algorithms to be used when creating the dungeon. Originality/value This paper uses the combined algorithm for procedural dungeon generation, and the result shows that a player has high re-playability to the game.

Cold water swimming for well-being

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Billie Oliver
Keyword(s):  
Personal Experience ◽  
Design Methodology ◽  
Cold Water ◽  
Well Being ◽  
Research Literature ◽  
Content Type ◽  
Social Prescribing ◽  
Growing Body ◽  
Health And Well Being ◽  
Is Value

Purpose The purpose of this paper is to discuss the health and well-being benefits of outdoor, cold water swimming. Design/methodology/approach This paper describes the personal experience of one cold water swimmer. It also explores some of the research literature suggesting there is evidence of the benefits to the health and well-being of people of all ages. Findings The paper explores literature suggesting there is evidence of the benefits of “blue therapy” to the health and well-being of people of all ages. Originality This paper describes the personal experience of one cold water swimmer. However, a growing body of published literature suggests there is value in “blue therapy” informing future social prescribing programmes.

Money laundering control in Tanzania

2019 ◽  
Vol 22 (4) ◽  
pp. 796-835
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Case Law ◽  
Legal Framework ◽  
Law And Literature ◽  
Policy Documents ◽  
Content Type ◽  
Enabling Environment ◽  
Banking Institutions ◽  
Political Economic

Purpose This paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems. Design/methodology/approach The paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions. Findings Both law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money laundering activities. Some banks have been implicated in enabling or aiding money laundering offences. These banks have abdicated their obligations to fight against money laundering. This is attributed to the fact that the banks’ internal anti-money laundering policies, regulations and procedures are inefficient, and Tanzania’s legal framework is generally ineffective to tackle money laundering offences. Originality/value This paper uncovers a multi-faceted nature of money laundering affecting banks in Tanzania. It is recommended that Tanzania’s anti-money laundering policy should address law-related, political, economic and other factors that create an enabling environment for the commission of money laundering offences. Tanzania’s anti-money laundering law should be reformed to enhance its efficacy and, lastly, banks should reinforce their internal anti-money laundering policies and regulations and policies.

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