scholarly journals Debts Relief Order and Administration Order for Debtors in the United Kingdom

2018 ◽  
Vol 2 (3) ◽  
pp. 35-43
Author(s):  
Ruzita Azmi ◽  
Adilah Abd Razak ◽  
Siti Nur Samawati Ahmad

Debtor’s pre-rehabilitation is a measure given to a debtor in order to avoid bankruptcy once he failed to fulfil his financial commitment with his creditors. The pre-rehabilitation schemes can be obtained through court or out of court’s settlement. The most common type of pre-rehabilitation that court based in the United Kingdom (UK) is Individual Voluntary Arrangement (IVA), which usually applicable to debtors with a large number of debts. Meanwhile, for a debtor with a smaller amount of debts, and disqualified from IVA, may resort to Debts Relief Order (DRO) and Administration Order (AO). On the other hand, Malaysian debtors may only resort to Voluntary Arrangement (VA) modelled after the IVA practised in the UK to avoid bankruptcy. Considering the importance to give more options for pre- rehabilitation schemes for Malaysian debtors, this paper examines the provisions on DRO and AO in the UK. The authors collected primary and secondary data from judicial decisions, textbooks, reports and articles from both law and non-law journals. This paper concludes by showing that if Malaysia emulates the UK and introduces DRO and AO, debtors in Malaysia will have two more bankruptcy pre-rehabilitation to complement the VA.

2021 ◽  
Author(s):  
King Costa ◽  
Thelela Ngcetane-Vika

This paper is an exploration of theoretical aspects underpinning the practice of Corporate Governance (CG) in the United Kingdom and South Africa. Because of several corporate scandals and failures in the twenty and twenty first siècles, Corporate Governance has been a significant and crucial subject and field of study in business schools in recent years. Leadership and Management of business entities and alignment to prescripts that are statutory formulated for prevention of corporate decline and enhancement of sound business principles continue to be highly contentious issues. A theoretical and exploratory narrative synthesis was conducted to unearth the strengths and weaknesses of contextual explication, practice and legal application of Corporate Governance in both the United Kingdom and South Africa. In terms of the UK, the study found out that the CG is designed and benchmarked on international best practice, seamlessly fitting within all the Codes on Key Aspects of Corporate Governance. Secondly, another major element of strengths determination were found to be inherent in the practice of voluntary compliance. However, the greatest criticisms of Corporate Governance theories in the UK was the fact that their focus is largely on public corporations, especially those listed in London stock exchange and thus, leave behind small and medium enterprises. The cultural diversity is also found to be a cause for concern in terms of practice and legal application. On the other hand, in South Africa, the study found out that consideration for diversity is one of the greatest strengths in CG practice and legal application, which is likely to contribute effectively to good and sound decision-making, reflective of all people. Weaknesses continue to be the delay in realisation of board equity in terms of gender while on the other hand, corruption and lack of adherence to retributive prescripts remain problematic.


Societies ◽  
2021 ◽  
Vol 11 (2) ◽  
pp. 42
Author(s):  
Paul Miller

Racism in any society is fuelled by a number of factors, often acting independently of each other, or, at times, in concert with each other. On the one hand, anti-racism efforts rely on the alignment of four “system conditions” to stand a chance of successfully engaging and tackling racism. On the other hand, where these “system conditions” are not present, or where they are not in sync, this leads to “system failure”—a situation where racism is writ large in society and in the institutions therein, and where anti-racism efforts are severely hampered. Drawing on evidence from within the education sector and elsewhere in UK society, this paper examines how a lack of alignment between “system conditions” hampers antiracism efforts, and simultaneously reinforces racism in society and in institutions—leading to gridlock or “system failure” around anti-racism.


2019 ◽  
Vol 25 (1) ◽  
Author(s):  
Riska Hendika Rani

Chris Cleave‟s novel entitled The Other Hand pictures an African refugee‟s life in the United Kingdom and her struggle to survive in the country. As an illegal refugee from Africa who smuggles herself into a tea ship, Little Bee, the refugee, has to stay in the immigration detention center when she arrives in the United Kingdom. She deals with identity issues during her two-year-stay in the immigration detention center. The questions such as „why don‟t British people treat her in a good way‟ and „why do British people get respect and she does not‟ make her want to be treated like a British, which she assumes, being treated nicely in the United Kingdom. Under the paradigm of social identity theory which contains the three stages of identity formation proposed by Henri Tajfel and John Turner, this study attempts to explain Little Bee‟s process of identity formation. Focusing on Little Bee‟s struggle in the United Kingdom as an illegal refugee from Africa, this study analyzes the three stages of identity formation that Little Bee has been through during her social identity transformation, as well as the factors influencing her and her struggle during the process.


Author(s):  
Michael Keating

Unionists have defended the United Kingdom as a social or ‘sharing’ union in which resources are distributed according to need. It is true that income support payments and pensions are largely reserved and distributed across the union according to the same criteria. Scotland, Wales and Northern Ireland are net beneficiaries. On the other hand, welfare has been detached from older understandings of social citizenship and ideas of the deserving and undeserving poor (strivers and skivers) have returned. Spending on devolved matters including health, education and social services is not equalized across the union. Instead, the Barnett Formula, based on historic spending levels and population-based adjustments, is used. Contrary to the claims of many unionists, there is no needs assessment underlying it, apart from a safeguard provision for Wales. The claim that the UK is a sharing union thus needs to be qualified.


1980 ◽  
Vol 91 ◽  
pp. 8-26

The United Kingdom economy remained almost stagnant in 1979 with GDP being only 0.6 per cent higher than in 1978. Not only is this a dismal end to a generally depressed period of seven years but the outlook for the beginning of the 1980s is even worse, as we discuss in chapter II on the home economy. In comparison with the United States, Japan, West Germany, France and the OECD countries as a whole the UK performance has been slow, as is clear from chart I. However if similar comparisons with the other countries had been made in 1969 or 1959 the UK performance would also have been seen to be relatively slow. This picture of a stagnant aggregate economy in 1979 covers up an underlying picture of considerable fluctuation in the components of the economy.


2012 ◽  
Vol 2 (1) ◽  
pp. 9-35
Author(s):  
Moira Dustin

Since the late 1990s, the extension of the equality framework in the United Kingdom has been accompanied by the recognition of religion within that framework and new measures to address religious discrimination. This development has been contested, with many arguing that religion is substantively different to other discrimination grounds and that increased protection against religious discrimination may undermine equality for other marginalized groups – in particular, women and lesbian, gay, bisexual and transgender (LGBT) people. This paper considers these concerns from the perspective of minoritized women in the UK. It analyses two theoretical approaches to reconciling religious claims with gender equality – one based on privileging, the other based on challenging religious claims – before considering which, if either, reflects experiences in the UK in recent years and what this means for gender equality.


2019 ◽  
Vol 27 (2) ◽  
pp. 447-468
Author(s):  
Siti Fazilah ◽  
Ashgar Ali Ali Mohamad ◽  
Zuraini Abdul Hamid

Although unfair dismissal is not considered as a new issue in the current era, it may nevertheless severely affect the employees' right to earn a salary and other benefits such as retirement saving, among others. In order to recompense the employee's rights of employment, the legislature in many jurisdictions has introduced reinstatement as the remedy for unfair dismissal. Unfortunately, reinstatement is not awarded in most cases due to the long delay from the date of dismissal to the date of an award which may take a few years, where in the meantime the claimant may have comfortably settled in his new employment and in most cases would not desire reinstatement. Realising the above, the legislature has allowed the alternative remedy of monetary compensation for unfair dismissal. In fact, today, monetary compensation has become the remedy in both Malaysia and the United Kingdom. The Employment Rights Act 1996 of the United Kingdom recognises several remedies for unfair dismissal such as reinstatement, re-engagement, and monetary compensation. On the other hand, the Malaysian Industrial Relations Act 1967 merely provides reinstatement as the remedy for unfair dismissal; however, monetary compensation has been allowed vide the Industrial Court Practice Direction No. 1 of 1987, to be awarded at the discretion of the Industrial Court Chairman. In light of the above, this article discusses the awarding of monetary compensation in the United Kingdom and Malaysia with reference to legislation and decided cases in the above jurisdictions.  


1995 ◽  
Vol 19 (2) ◽  
pp. 124-127 ◽  
Author(s):  
T. Verrall ◽  
J. R. Kulkarni

The advice given to upper limb amputees in the United Kingdom with regard to the use of driving appliances has often been somewhat variable. At best a full rehabilitation package has been provided, including the fitting of the appliances to the person's vehicle and contact with the driver's instructor, to the other exireme of issuing driving appliances to patients with no instruction at all. Though upper limb amputations are not a relevant or prospective disability, all drivers with a “limb disablility” are legally required, in the UK, to declare changes in their hpysical state to the Driver and Vehicle Loicensing Agency. This study examines the current usage of driving appliances. It was found that the level of upper limb loss has little effect on where the driving appliance is placed or on any other aspect of driving method used.


2008 ◽  
Vol 18 (10) ◽  
pp. 451-451
Author(s):  
Harold Ellis

Nowadays well over half the new graduates coming out of the medical schools in the United Kingdom are women. Women are found in the highest ranks in the profession and are well represented on the Councils of the Royal Colleges and the other medical institutions. Yet it was only during the second half of the 19th century that a handful of dedicated women invaded what was until then an entirely male profession. Perhaps the most prominent of these was Elizabeth Garrett-Anderson, the first female to graduate in medicine in the UK.


Author(s):  
Katia Bianchini

Abstract This article examines the role of cultural expertise in asylum judicial decisions in the UK by focusing on witchcraft-based persecution. The case study highlights multiple challenges to decision-making created by religious and cultural diversity, and the ensuing problems of assessing unfamiliar facts and beliefs against the often lack of corroborating evidence. Drawing on legal sources and a small number of anthropological studies, as well as analyses of judicial decisions, the article discusses how the unique characteristics of witchcraft cases, with their unfamiliar paradigms, are illustrative of the need to analyse and understand asylum claims within their broad cultural, historical, economic, and political contexts. The article exposes how cultural expertise assists judges in appreciating specific contexts and curbing their Eurocentric understanding of culture and religion, and shapes the final outcome of cases.


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