scholarly journals Compensation for harm caused by nuclear installations: what’s the damage?

2018 ◽  
Vol 10 (1) ◽  
pp. 17-35
Author(s):  
Robert Lee ◽  
Radek Stech
Keyword(s):  
Design Methodology ◽  
Case Law ◽  
Personal Injury ◽  
Eu Law ◽  
Legal Research ◽  
Property Damage ◽  
Content Type ◽  
The Law ◽  
The Impact

Purpose This paper aims to explain the changes to the liability regime for nuclear installations before reviewing the traditional heads of damage under the 1965 Act. It argues that while there is some welcome clarification of what amounts to an “occurrence” in the purposes of the 1965 Act, disappointingly, little has been done to clarify how concepts of personal injury and property damage under the Act sit alongside traditional tort notions leaving the law highly dependent on earlier, but not always consistent, case law. The paper then goes on to consider the impact of the new categories of compensation, introduced by the Order, evaluating the extent to which these draw upon EU law structures for environmental impairment liability. Again, it questions whether this approach will achieve sufficient clarity and certainty. Design/methodology/approach This paper is a desk-based legal research. Findings This study is a discussion of statutory material and case law. Originality/value This paper is a first in-depth treatment of changes to liability principles in the Nuclear Installations Act 1965.

scholarly journals E-conveyancing: a consideration of its risks and rewards

2019 ◽  
Vol 38 (1) ◽  
pp. 25-36
Author(s):  
Lucy Cradduck
Keyword(s):  
Design Methodology ◽  
Case Law ◽  
Legal Research ◽  
Policy Documents ◽  
Content Type ◽  
Legal Risk ◽  
Academic Literature

Purpose The purpose of this paper is to examine current Australian e-conveyancing processes to identify its rewards and the risks requiring specific attention in order to protect consumers and ensure ongoing trust in the system. Design/methodology/approach Doctrinal legal research engaging with statutory and precedential case law; related policy documents and governmental agreements; academic and other related writings; news materials and Property Exchange of Australia documentation. Findings E-conveyancing rewards have received greater understanding than the inherent risks, which needs to be corrected by educating users and consumers. Originality/value The research adds to the academic literature in this emerging area of legal risk.

scholarly journals Liability of employers for third party harassment in the UK

2020 ◽  
Vol 63 (1) ◽  
pp. 147-156
Author(s):  
Sam Middlemiss
Keyword(s):  
Trade Unions ◽  
Design Methodology ◽  
Research Study ◽  
Case Law ◽  
Third Party ◽  
Content Type ◽  
The Law ◽  
The Uk ◽  
Practical Implications

Purpose This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach Review of case law, articles etc. Findings It is found that the current law is inadequate and unclear, and in dire need of reform. Research limitations/implications This research study will be useful for trade unions and employers and employees and workers. Practical implications This study supports the cause of reform of the law. Originality/value To the best of the author’s knowledge, this study is an original piece of work.

The LMRDA. Another labor law that benefits firms?

2017 ◽  
Vol 59 (1) ◽  
pp. 2-20
Author(s):  
Steven E. Abraham
Keyword(s):  
Design Methodology ◽  
Labor Law ◽  
Labor Management ◽  
Shareholder Returns ◽  
Content Type ◽  
Study Methodology ◽  
The Law ◽  
The Impact ◽  
Management Reporting ◽  
Event Study Methodology

Purpose This paper aims to examine the impact of the Labor Management Reporting and Disclosure Act (LMRDA). It is expected that returns would have increased in response to the law’s passage, as it imposed a number of restrictions on unions vis-à-vis management and instituted many rules regulating unions’ internal affairs. Design/methodology/approach This paper uses event study methodology, which examines the impact of the law’s passage on the shareholder returns to the firms likely to have been affected by the law. Three different samples are used. Shareholder returns are examined on critical dates associated with the passage of the law to assess whether it benefited the firms in the samples. Findings Shareholder returns to firms expected to have been affected by the LMRDA fell in comparison to their competitors’ returns, indicating that the law was viewed by investors as being beneficial for firms. Presumably, the restrictions the law placed on unions were judged to be more important by investors than the improvement in unions’ image that might have resulted from the law, indicating that the law benefitted firms. Originality/value This is the first paper that has examined the impact of the LMRDA empirically to assess its impact on firms.

Application of law of evidence to Islamic banking with special reference to Malaysia

2017 ◽  
Vol 10 (4) ◽  
pp. 503-518 ◽  
Author(s):  
Aishath Muneeza
Keyword(s):  
Special Reference ◽  
Expert Opinion ◽  
Design Methodology ◽  
Islamic Law ◽  
Case Law ◽  
Islamic Banking ◽  
Content Type ◽  
Application Of Law ◽  
The Law ◽  
Law Of Evidence

Purpose This research aims to deal with the law of evidence invoked in Islamic banking cases reported in Malaysia from 1983 to 2015 and determine whether the invoked provisions of the statute in the case law have any conflicts with Islamic law that are threatening the development of Islamic banking in Malaysia. Design/methodology/approach The methodology used in this research is assessing the implication by studying the provisions of the law of evidence that has been invoked in the reported case law. Findings It is evident from this research that following are the evident conflicts found in the Evidence Act 1950. In this arena, the following changes are significant for sustaining Islamic banking in Malaysia. Expert opinion under Section 45 of the Evidence Act 1950 should be amended such that in Islamic banking, under this Act, expert opinion can be sought by the court. The rule and exceptions of parol evidence in Sections 91 and 92 of the Evidence Act 1950 need to be amended such that in Islamic banking matters, anything that is contrary to Sharicah is mentioned in the contract; this amendment will be an exception to the parol evidence rule on the grounds that the written Islamic contract can be amended or set aside depending on the circumstances of the case. Originality/value It is anticipated that this research will assist jurisdictions to understand that even adjective laws applicable to Islamic banking will be harmonized with Islamic law. This is because the prefix Islam attached to the term banking is not merely a namesake, but it means more than that, i.e. all aspects of Islamic banking will be consistent with Islamic law.

The impact of the Salomon principle on directors’ remuneration in the UK

2017 ◽  
Vol 59 (2) ◽  
pp. 257-270
Author(s):  
Ernestine Ndzi
Keyword(s):  
Design Methodology ◽  
Case Law ◽  
Driving Factor ◽  
Separate Entity ◽  
Content Type ◽  
Legal Personality ◽  
To Come ◽  
The Uk ◽  
The Impact ◽  
A Company

Purpose This paper aims to examine the Salomon principle of separate legal personality and its impact on the regulation of directors’ remuneration in the UK. The aim of the paper is to explore the Salomon principle to determine whether it serves as a driving factor for directors’ remuneration levels. The paper will also examine the restrictive approach of the courts to move away from the principle and their reluctance to get involved in directors’ remuneration issues of a company. The paper explains the Salomon principle, describes the nature of the problem on directors’ remuneration and provides an analysis on how the Salomon principle impacts on the directors’ remuneration. Design/methodology/approach The paper reviews case law, statutory provisions and academic opinions on the directors’ remuneration and the concept of separate legal entity. The paper critically reviews the impact of the concept of separate entity on directors’ remuneration. Findings The paper finds that the courts are reluctant to come away from the concept of separate legal personality as well as reluctant to get involved with directors’ remuneration. This reluctance of the court makes the concept of separate legal personality to act as one of the drivers of directors’ remuneration. Originality/value The paper offers a different explanation into why directors’ remuneration continuous to be an issue in the UK. It points out that the concept of separate legal personality is a potential driver of directors’ remuneration in the UK.

Banks in Kenya and anti-money laundering obligations: the conflicts of interests arising

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Constance Gikonyo
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Relevant Literature ◽  
Case Law ◽  
Conflicts Of Interests ◽  
Content Type ◽  
Contractual Relationship ◽  
Proceeds Of Crime ◽  
The Law ◽  
Scholarly Contribution

Purpose Kenya is vulnerable to trade-based and other forms of money laundering. Banks are prime targets for money launderers since they can facilitate the processes of placement, layering and re-integration. Consequently, banks are key in fulfilment of the prohibitory and preventative anti-money laundering (AML) strategies. In executing these obligations, the potential for clashes between the bank following the law and obeying its contractual duties to the client arises. Hence, this paper aims to examine these potential conflicts of interests. Design/methodology/approach The examination is based on reviewing relevant literature, case law and analysing the Proceeds of Crime and AML Act and its attendant regulations. These form the core of the AML regime imposing obligations on banks. Findings The analysis indicates the provisions are robust and can assist in addressing money laundering risks faced by banks. Nonetheless, there are identified gaps since the primary AML legislation does not provide guidance on various issues. This can potentially lead to banks facing litigation from customers for failure to honour its duty of secrecy and customer’s instructions. Originality/value The paper seeks to make a practical and scholarly contribution in considering the issue and possibly filling this gap through advocating for statutory amendment. Subsequently, positive review of the law will help strike a balance between interference in the banker-customer contractual relationship and facilitation of banks fulfilling their prohibitory and enforcement of AML obligations.

A taxing assessment

2019 ◽  
Vol 26 (1) ◽  
pp. 293-312
Author(s):  
Paul Nkoane
Keyword(s):  
Design Methodology ◽  
Banking Sector ◽  
Case Law ◽  
Tax Law ◽  
Original Solution ◽  
Content Type ◽  
Form Part ◽  
Tax Fraud ◽  
The Impact ◽  
Practical Implications

Purpose The purpose of this paper is to enlighten the reader about the development in tax law. Moreover, the author intends to show that other measures could be implemented to supplement the existing machinery. Design/methodology/approach The paper explores the duty vested in the courts to probe the merits of transactions meant to evade or avoid the burden of tax. So much of the text is based on case law. The methodology is based on literature research rather interpersonal research. Findings The paper highlights that the current tax machinery has solved a number of tax issues. However, the machinery has not addressed the problem of fraud committed in the banking sector. The paper therefore recommends solutions to this problem. Research limitations/implications The paper was formulated before the current tax laws where implemented. The current law contains the solution this study advanced. In a sense, this study examines the impact of the current law and the duty of the court to probe the merits of impeachable transactions. Practical implications The study would give the legislature food for thought and would also guide the courts with matters of tax fraud. Originality/value Though the original recommendations form part of the current statute, this study is still immensely original in delivery and thought. It provide not only an original influence on the court but also the legislature with original solution to the existing problem.

Legal threats against the existence of famous brands a study on the dispute of the brand Pierre Cardin in Indonesia

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pujiyono Pujiyono ◽  
Bambang Waluyo ◽  
Reda Manthovani
Keyword(s):  
Design Methodology ◽  
Legal Aspects ◽  
General Knowledge ◽  
Legal Research ◽  
Content Type ◽  
Brand Reputation ◽  
The Law ◽  
Knowledge Intensive ◽  
To Receive ◽  
Practical Implications

Purpose The purpose of this paper is to analyze how Indonesian laws regulate the existence of famous brand. In case of brand Pierre Cardin, which had the elements of a famous brand including brand reputation obtained because of the public’s general knowledge, intensive and massive promotion, investment made by the owner in several countries, including Indonesia. Design/methodology/approach This study is a normative legal research conducted statutory approach reviews through court decisions in Indonesia which related to famous brands such as Pierre Cardin. The analytical method analyzes the law, the legal rulings and the famous brand case of Pierre Cardin, which became one of the sources of Law of Marks in Indonesia. The next method is a description that compares the famous brands such as Pierre Cardin in Indonesia and France. Findings The research of this paper shows that brand Pierre Cardin is one of the world’s leading brands and has registered its brands in several countries in the world. The threat to well-known brands in Indonesia is the regulation of which Indonesia has weaknesses. In Indonesia, the Law of Marks enables the state to receive registrations of similar brands, and when a dispute occurs, it allows the judge to make a decision threatening the existence of goodwill. Research limitations/implications This research discusses the legal aspects of famous brands in Indonesia that hold the constitutive system and particularly the legal threat against a famous brand in Indonesia, Pierre Cardin. Practical implications This paper discusses the threats that will occur in famous brands that registered in many countries, such as Indonesia. This became a reference for the famous brand company to be able to adjust the law in Indonesia. Social implications This paper informs the legal threats can be a weakness of law in Indonesia; therefore, the governance should revise the regulation about marks to accommodate the existence of famous brands company in Indonesia. This paper gives recommendations for government to be more flexible to regulate the registration for the famous brand and tighten regulation of brand rights for local brands to avoid infringement in Indonesia. The protection of brand rights for a famous brand company in Indonesia can be realized and will be possible. Originality/value This paper is original and must-read. This research can be a reference for famous brand companies that will register brand rights in Indonesia because it discusses about the case between Pierre Cardin brand in Indonesia and French. This paper gives perspectives based on the Law of Marks in Indonesia. Furthermore, this paper also discusses some Law of Marks in Indonesia that should be strengthened.

Employment references and the law

2014 ◽  
Vol 22 (7) ◽  
pp. 39-42
Author(s):  
Engin Mustafa
Keyword(s):  
Design Methodology ◽  
Case Law ◽  
Risk Averse ◽  
Value Judgments ◽  
England And Wales ◽  
Content Type ◽  
The Law ◽  
Resource Specialists ◽  
Practical Implications ◽  
Minimal Information

Purpose – This paper aims to examine whether employers are bound to provide references on former employees and the kinds of information they should contain. Design/methodology/approach – It arrives at a set of conclusions through considering case law in England and Wales. Findings – It explains why writing a reference is increasingly the responsibility of human-resource specialists in an organization. Practical implications – It reveals that employers have a number of options, the choice between which will depend upon the organization’s aversion to risk and its balancing of the obligations felt to employees and their future employers. Social implications – It considers that, in an increasingly risk-averse culture, more and more organizations are providing minimal information in references on former employees and avoiding value judgments. Originality/value – It considers the state of the law in England and Wales as regards writing references on former employees.

scholarly journals A tale of two citizens: The Brey-Dano proportionality gap in UK courts and tribunals

2021 ◽  
pp. 138826272110049
Author(s):  
Victoria E. Hooton
Keyword(s):  
Decision Making ◽  
National Level ◽  
Case Law ◽  
Eu Law ◽  
The Law

The role of proportionality and individual assessments in EU residency and welfare access cases has changed significantly over the course of the last decade. This article demonstrates how a search for certainty and efficiency in this area of EU law has created greater uncertainty, more legal hurdles for citizens, and less consistency in decision-making at the national level. UK case law illustrates the difficulty faced by national authorities when interpreting and applying the rules relating to welfare access and proportionality. Ultimately, the law lacks the consistency and transparency that recent CJEU case law seeks to obtain, raising the question of whether the shift from the Court's previous, more flexible, case-by-case approach was desirable after all.

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