• Correlates of technology-assisted adolescent dating violence and abuse

      Karlie E. Stonard (Universal Wiser Publisher Pte. Ltd, 2020-05-12)
      Technology-Assisted Adolescent Dating Violence and Abuse (TAADVA) has recently been recognised as new form of violence. However, little is known about the potential risk factors for TAADVA victimisation/perpetration or whether they are similar to those identified for offline Adolescent Dating Violence and Abuse (ADVA). This paper therefore examines the potential correlates of TAADVA victimisation only and perpetration-victimisation (vs. not involved). Findings are reported based on 277 12-18 year old British adolescents who had dated in the last year and completed a series of questionnaires. Findings highlight that correlates associated with ADVA are also related to TAADVA (e.g. past ADVA and having friends with experience of dating violence), however avoidant attachment insecurity was related to male TAADVA, which has not been identified before. Differences were found in some significant correlates for males and females. The findings highlight implications for addressing TAADVA and ADVA through education and awareness about healthy relationships, while considering factors that are associated with TAADVA involvement in prevention and intervention efforts.
    • Insolvency litigation funding – Past, present and future

      Walton, Peter (Law Society, 2020-06-08)
      Professor Peter Walton talks about his recent report on the insolvency litigation funding market.
    • Insolvency litigation funding – What should an insolvency practitioner do?

      Walton, Peter (University of Wolverhampton, 2020-12-31)
      Insolvency litigation is unlike other types of litigation. Although proceeds of successful actions are received on behalf of creditors creating a private benefit, there is also a public benefit to ensuring culpable individuals are held to account for their conduct. A significant problem often faced by insolvency practitioners, who have the power to take action on behalf of creditors, is how to fund such actions. Many insolvent estates are so impecunious that there is no funding available to support litigation. The Jackson reforms were applied to insolvency litigation in 2016. Prior to that, a insolvency practitioner would invariably employ a legal team on the basis of conditional fee agreements (“CFAs”) where, if successful, the lawyers would receive their base costs plus an uplift which was commonly 100% of the base costs. Insolvency practitioners would ensure they had potential adverse costs covered (in the event the action was lost) by after-the-event insurance (“ATE”) where the insurance premium was fully deferred and not payable if the case was lost. Prior to 2016, if insolvency litigation was successful, a losing defendant would be ordered to pay damages, base legal costs, the CFA percentage uplift on those costs and the ATE insurance premium. All that changed with the Jackson reforms. From 2016 onwards, uplifts and premiums are no longer separately recoverable but must now be paid out of any damages awarded. The result is that fewer cases are brought using CFAs and ATE than before, and less money finds its way to the creditors. In 2015, insolvency office-holder actions were made assignable to third party funders. Up until then, third party funders accounted for only a very small part of the insolvency litigation market. This was largely due to the fact that they would require a profit from any funding they provided and financially, the pre-Jackson CFA/ATE model was usually far more attractive to insolvency practitioners. The Jackson reforms have levelled this playing field. Insolvency practitioners are fiduciaries. They must act in what they believe to be the best interests of the creditors. Prior to the ability to assign office-holder actions and the Jackson reforms, in the vast majority of cases, insolvency practitioners did not have to think too carefully about how best to fund insolvency. The CFA/ATE model was dominant. That has changed in recent years. This article considers in detail the options available to insolvency practitioners and considers the factors they need to take into account in making a decision as how best to enforce legal rights on behalf of creditors. It considers recent case law and the possible pitfalls which await an unwary practitioner. It concludes with a suggested checklist which might be used each time insolvency litigation which requires some form of financial support is contemplated.
    • Do Islamic indices provide diversification to bitcoin? A time-varying copulas and value at risk application

      Rehman, MU; Asghar, N; Kang, SH (Elsevier, 2020-04-08)
      © 2020 The emergence of new asset classes offers avenues to international investment community however understanding relationship between any two assets in a single portfolio is important. We investigate the risk dependence between daily Bitcoin and major Islamic equity markets spanning over from July 2010 to March 2018. We start by examining long memory properties of Bitcoin and sampled Islamic indices and report significant results. The residuals from fractionally integrated models are then used in bivariate time invariant and time varying copulas to investigate dependence structure. Among all Islamic indices, DJIUK, DJIJP and DJICA exhibit time varying dependence with Bitcoin. In addition, we apply VaR, CoVaR and ΔCoVaR as risk measure to examine spillover between Bitcoin and Islamic equity markets. VaR of Bitcoin exceeds from VaR of Islamic indices and CoVaR of both Islamic and Bitcoin exceeds their respective VaR, suggesting presence of risk spillover between each other. Our results also report asymmetry between downside and upside ΔCoVaR suggesting implications for investors with different risk preferences. Finally, the diversification benefits indicate that Islamic equity market serves as an effective hedge in a portfolio along with Bitcoin.
    • Carles Puigdemont gambled and failed. The consequences will live on

      Kassimeris, George (The Guardian, 2017-11-06)
      By heading to Belgium, the president of Catalonia missed his chance to stand up to Madrid – and to show himself as a leader sticking to his principles
    • Insolvency litigation funding- in the best interests of creditors?

      Walton, Peter (Manolete Partners/IPA/ICAEW, 2020-04-07)
    • Bargain Hunt – CVAs and the future of corporate rescue

      Walton, Peter; Umfreville, Christopher (R3, 2020-12-01)
    • D Giannoulopoulos, Improperly Obtained Evidence in Anglo-American and Continental Law

      Glover, Richard (Sweet & Maxwell Ltd, 2020-12-01)
      This book provides a comparative analysis of the exclusion of improperly obtained evidence across a number of legal systems, criss-crossing jurisdictional boundaries in a lively and engaging manner. Giannoulopoulos’s objective is stated clearly from the outset. In the Preface, he invites courts and legislatures within the Anglo-American and Continental legal systems to review, in the light of his comparative analysis and normative conclusions, their national solutions to problems associated with the exclusion of improperly obtained evidence. Importantly, they are further encouraged to ensure that rights considerations are given due weight. The obvious vehicle for the proposed “reinvigoration of the rights thesis” in Europe is the European Court of Human Rights and an important part of the book is concerned with assessing the court’s role in building a rights-based consensus.
    • Taking the wrong track? Arthur and good character directions: R (on the application of Arthur) v Blackfriars Crown Court [2018] 2 Cr App R 4 (DC)

      Glover, Richard (University of Wolverhampton, 2019-06-11)
      The Divisional Court’s judgment in R (on the application of Arthur) v Blackfriars Crown Court (hereafter ‘Arthur’) is of significance in relation to questions of both criminal procedure and the law of evidence. First, it raised the issue of the proper procedure to be followed for the judicial review of a refusal to state a case for the Crown Court. Second, it is notable as one of the very few reported cases following the Court of Appeal’s landmark judgment on good character evidence in Hunter, and as an example of the contentious case where adverse inferences are drawn from a defendant’s silence in police interview (pursuant to s.34 of the Criminal Justice and Public Order Act 1994) despite the submission of a prepared written statement.
    • Alternative use of farmlands as tourism and leisure resources: diversification, innovations and competitiveness

      Oriade, Ade; Broad, Roy; Gelder, Steve (Inderscience, 2020-12-01)
      Even though farm-based tourism has been around for some time, the contemporary development in farm business in the United Kingdom is intriguing and histrionic. Based on the contemporary situation, this study explores issues relating to diversification, innovation and competitiveness in farm attraction context. The study employed case study strategy and adopted qualitative research approach by conducting interviews in three farm attractions in Shropshire, West Midlands, United Kingdom; utilising a template approach to data analysis by identifying key themes a priori. Findings support the conception that different farm organisations have different needs that require different level of innovativeness. Three element of innovation distinctively emerged namely: organisational, product and marketing innovations. Based on the findings practical implications were identified.
    • Legal feminism and insolvency theory: A woman's touch

      Jacobs, Lezelle (University of Wolverhampton, 2019-11-28)
      The impact of women’s lives and experiences on the law forms an essential part of the feminist legal movement. This article evaluates the existence of feminist ideologies in a hitherto unexplored area of the law, namely insolvency law and more specifically insolvency theory. Some main ideologies of the feminist movement are identified and contrasted with the views of the main insolvency theories. It aims to establish whether insolvency theories may also be categorised in relation to ideologies expressed in feminist legal theory.
    • When is a word not just a word? An investigation into the dissonance and synergy between intention and understanding of the language of feedback in legal education

      Ellison, Lynn; Jones, Dawn (Taylor & Francis (Routledge), 2020-03-12)
      When is a word not just a word? Can it be expected that using an everyday word or phrase when providing feedback means that it will be understood in the same way by different students at various stages of their academic journey? No matter how well intended feedback is, if a student is unable to correctly interpret the language used, it will prove to be of little use. This research considers the dissonance between the intended message of written feedback on written assessments provided by law academics and the understanding of the recipient. The authors used survey method to obtain free text comments which identified common words and phrases used in legal academic feedback, along with academics’ experiences and opinions of the effectiveness and purpose of feedback. The common words and phrases identified through this process were then incorporated into surveys undertaken by students at three of four levels of study. This stage of the research was completed by examining the qualitative data gathered, paying particular attention to the language of feedback itself. This was completed in the context of examining existing literature surrounding the general language of feedback, but focusing on specific legal language. The authors encountered some unexpected misinterpretations and some surprising synergy.
    • Supporting tenants with multiple and complex needs in houses in multiple occupation: The need to balance planning restrictions and housing enforcement with support

      Iafrati, Stephen (Cambridge University Press, 2020-06-23)
      The number of houses in multiple occupation (HMOs) in the UK has increased significantly in recent years, with recognition that this sector often houses some of the UK’s most vulnerable tenants. Government responses to the growth in HMOs has focused increasingly on landlord enforcement and planning controls, with more limited attention on the needs of vulnerable residents. Drawing on new research with HMO tenants with multiple and complex needs (MCN), attendance at HMO working groups and consultations with stakeholders, this paper argues that whilst there is a need to address some of the issues associated with HMOs through landlord enforcement and regulation, it is important to balance this approach with appropriate support for tenants with MCN. For many people, living in an HMO can exacerbate personal challenges they may be facing. However, researching experiences of living in HMOs from a tenant perspective shows that positive outcomes are possible when tenants with MCN are supported to address their needs. At a time when the number of HMOs is continuing to increase, it is important to explore the significant role of support provided to tenants with MCN.
    • The Dudley Refugee Committee and the Kindertransport, 1938–1945

      Hawkins, Richard (University College London, 2020-04-27)
      Little is known about most of the local refugee committees formed in response to the government’s announcement of the Kindertransport scheme and the subsequent creation of the Lord Baldwin Fund – there were at least 170 – apart from a few in places such as Manchester, Cambridge, Gloucester, Worthing, and York where records have survived.1 The Dudley Refugee Committee was one of the first wave of committees. It was formed at a meeting of about twenty people convened by the Mayor of Dudley, Alderman A. Elliott Young, in December 1938.2 It was formally constituted on 2 February 1939.3 The mayor was appointed the chairman, Mr. J. Barnsley vice-chairman, William Henry Tilley secretary, and George H. Dutfield treasurer. Among those on the committee were the Archdeacon of Dudley (the Ven. Dr. A. P. Shepherd), David C. Temple, Sybil Frood, Dr. Hans Honigmann, and James and Dorothy K. S. Rogers.4
    • The good character backstop: directions, defeasibility and frameworks of fairness

      Glover, Richard (Cambridge University Press, 2020-12-01)
      This paper examines the law on good character evidence in criminal trials through a discussion of the important but under-analysed case of Hunter, in which a five-judge Court of Appeal sought to clarify the law on good character directions to the jury. However, it is argued here that the judgment conflicts with the leading House of Lords decision in Aziz. The paper considers how the court misinterpreted the law and, in particular, the defeasible nature of the rule in Aziz and the impact of the Criminal Justice Act 2003. As a result, the circumstances in which a good character direction will be provided have diminished significantly. It is argued that this has important implications for the right to a fair trial, as good character directions act as a ‘backstop’ against miscarriages of justice. They also form a vital part of the ‘framework of fairness’ considered necessary, in lieu of reasoned jury verdicts, by the Grand Chamber of the European Court of Human Rights in Taxquet v Belgium. Accordingly, it is contended that Aziz rather than Hunter should be followed so that, where there is evidence of good character, a direction is normally provided as a matter of law.
    • Recognizing Events 4.0: The digital maturity of events

      Ryan, William Gerard; Fenton, A; Wasim, A; Scarf, P (Emerald, 2020-02-12)
      The purpose of this research is to explore and define the digital maturity of events using the Industry 4.0 model (I4.0), to create a definition for Events 4.0 (E4.0) and to place various relevant technologies on a scale of digital maturity. In a mixed methods approach, we carried out a qualitative social media analysis and a quantitative survey of tourism and events academics. These surveys and the thorough literature review that preceded them allowed us to map the digital technologies used in events to levels of a digital maturity model. We found that engagement with technology at events and delegate knowledge satisfactorily coexists for and across a number of different experiential levels. However, relative to I4.0, event research and the events industry appear to be digitally immature. At the top of the digital maturity scale, E4.0 might be defined as an event that: is digitally managed; frequently upgrading its digital technology; fully integrates its communication systems; and optimizes digital operations and communication for event delivery, marketing, and customer experience. We expect E4.0 to drive further engagement with digital technologies and develop further research. This study has responded to calls from the academic literature to provide a greater understanding of the digital maturity of events and how events engage with digital technology. Furthermore, the research is the first to introduce the concept of E4.0 into the academic literature. This work also provides insights for events practitioners which include: the better understanding of the digital maturity of events, and the widespread use of digital technology in event delivery.
    • Aligning to disadvantage: how corporate political activity and strategic homophily create path dependence in the firm

      Perchard, Andrew; MacKenzie, Niall (SAGE, 2020-12-01)
      To what extent should firms get close to government for competitive advantage? What happens if they get too close? In this article we explore how corporate political activity (CPA) inculcated strategic homophily in leading UK aluminium producer, the British Aluminium Company Ltd (BACo), resulting in its path dependence and eventual lock-in. The paper makes three main contributions: a longitudinal study of CPA and strategic homophily revealing their organizational manifestations and detailed understanding of certain mechanisms of path dependence; articulating the value of historical methods and perspectives to exploring organizational path dependence; and exploring the impact that prolonged business-government relations can have on the organizational behaviour and strategic outlook of the firm with implications for TMT selection and environmental scanning. In so doing it responds to calls for firms to align market positions with political activity, as well as those for the recognition of the value of business history in better understanding the links between CPA and firm performance. It further elucidates the longer-term consequences of strategic homophily, which has to date focused on the early stages of venture formation.
    • Toward an emergent Asian behavioural model of perceived managerial and leadership effectiveness: a cross-nation comparative analysis of effective and ineffective managerial behaviour of private sector managers in India and South Korea

      Hamlin, Robert G.; Patel, Taran (Taylor & Francis, 2020-01-28)
      This Type 4 (emic-and-etic) indigenous cross-case/cross-nation comparative study compares the results of two Type 3 (emic-as-emic) indigenous replication studies of effective and ineffective managerial behaviour carried out within private companies in India and South Korea respectively. The method used was ‘realist qualitative content analysis’ involving inductive open and axial coding. Of the Indian findings 100% were found to be convergent in meaning with 94.43% of the equivalent South Korean findings. This has led to the identification of a two-factor emergent Asian behavioural model of perceived managerial and leadership effectiveness comprised of 16 positive (effective) and 6 negative (ineffective) generic behavioural criteria. These criteria could be used in both countries to critically review and improve extant, or develop new, competency-based management/leadership development programmes. The research findings lend no support to claims that national culture has a major impact on managerial and leadership practices, styles, and effectiveness.
    • Great Britain and Russia’s civil war: “The necessity for a definite and coherent policy”

      Fuller, H (Informa UK Limited, 2019-12-19)
      © 2019, © 2019 Taylor & Francis. Britain's involvement in the Russian Civil War was an attempt by the greatest maritime power in the world to project power decisively against continental-power Russia; to overturn the Bolshevik Revolution and prevent the spread of communism across Europe. This article briefly examines the Royal Navy's Baltic Campaign during the pivotal year of 1919 and especially during October, with counter-revolutionary White General Nikolai Yudenich's final lunge towards Petrograd. Although the existing literature predominantly ascribes a great moral and strategic victory to modern naval deterrence -- the protection of the Baltic States on the one hand and against German-led forces on the other -- the historical evidence suggest a much more nuanced definition of 'victory'. British sea power was not able to destroy the Red Fleet anchored at Kronstadt, nor secure Yudenich's left flank by overpowering the outlying coastal fortress of Krasanaya Gorka. As a result, the entire White offensive was thrown off-balance and ultimately ill-fated.
    • Waterfronts and homes, 1900–1970

      Millar, Grace; Steel, Frances (Bridget Williams Books, 2018-11-30)
      When Kevin Ford was a child in the 1940s, his father worked as a watersider in Bluff. Each morning Kevin or his brother would get up early and walk up the road until they could see the harbour. If there was a ship in port their father would get up and go to work; if there was no ship he would sleep in.1 For most of the twentieth century, the vast majority of goods that came in or out of New Zealand were loaded and unloaded by watersiders like Kevin Ford’s father. Despite technological advances, the activities around shipping and ports were still shaped by the unpredictable oceanic environment, and as the Fords’ story demonstrates, the effects of the sea’s unpredictability did not stop at the port gate. Watersiders’ family members and their domestic spaces were equally influenced by the uncertain conditions of waterside labour and the broken rhythms of the global seaborne trade upon which New Zealand relied.