Now showing items 41-60 of 624

    • Assignments of Book Debts – outright transfers of rights or unregistered securities?

      Walton, Peter (University of Wolverhampton, 2018-11-01)
      Businesses are increasingly being financed by receivables financiers who take assignments of a company’s book debts. The receivables finance industry is estimated to be worth over €1.6 trillion across Europe with the U.K. market leading the way. In the event that the company goes bust, the assigned book debts are swept away by the financier, as legal owner, and consequently what is often the only significant asset of a company is not available to the general body of creditors. The financier will either give notice to the debtor at the time of taking the assignment (“debt factoring”) or delay such notice until sometime later (“invoice discounting”). The accepted wisdom is that such agreements are absolute assignments and not security interests and therefore do not require registration under the Companies Act 2006. This article considers the history of assignments of book debts and suggests that an equitable assignment of a debt is not an out-and-out transfer of the debt but operates by way of charge. Such an agreement is therefore a security interest which is void against other creditors without registration. Although the invoice discounter may convert the equitable assignment into a legal assignment by giving notice to the debtor, if that notice is subsequent to the commencement of a formal insolvency process, that notice will be of no effect.
    • It’s Officialism - the uncertain past, present and future of the Insolvency Practitioner Profession in the United Kingdom

      Walton, Peter (Lexis Nexis, 2017)
      One of the largely unheralded battles in the world of insolvency law has been the debate, which has come and gone over a two hundred year period, as to whether, and to what extent, the State should be involved in the administration of insolvent estates. It has long been recognised that insolvency law does not just involve debtors and creditors. The State has a crucial interest in ensuring that insolvent estates are administered effectively and that culpable behaviour is investigated with appropriate remedies and sanctions being applied against wrongdoers.
    • We never recovered: The social cost of the 1951 New Zealand waterfront dispute and supporting strikes

      Millar, Grace (Australian Society for the Study of Labour History inc., 2015-05-05)
      In July 1951, 15,000 New Zealand watersiders, miners, freezing-workers and seamen returned to work after being locked-out or on strike, but their lives, and the lives of those dependent on their income, did not return to normal. For five months, most workers and their families had had to borrow money and leave bills unpaid in order to survive, and they needed to pay their debts. This article examines the social cost of the 1951 waterfront dispute. It concentrates on strike debt, and the long shadow that debt cast on family and community relationships. This article argues that many of the costs of an industrial dispute are not paid until after it ends, but in contrast to union’s collective concern about costs during the dispute, costs after the dispute are privatised and treated as the concern of individual families.
    • The prevalence and overlap of technology-assisted and offline adolescent dating violence

      Stonard, Karlie E. (Springer, 2018-10-17)
      Research has established the nature and prevalence of offline Adolescent Dating Violence (ADV) and the role of Technology-Assisted Adolescent Dating Violence (TAADV) has been recently but slowly acknowledged, albeit primarily in the United States. Less research however, has examined such types of violence among British adolescences and the extent of overlap between the two forms of abuse. This paper examines the nature, prevalence and overlap of TAADV and offline ADV victimisation/instigation among a sample of adolescents in England. Four-hundred-and-sixty-nine adolescents (aged 12–18) completed questionnaires regarding their experience of TAADV and ADV. Findings revealed that TAADV involvement was prevalent and was generally characterised by both victimisation and instigation, except for sexual TAADV in which females were more likely to be identified as victims only. Technology appears to have provided new opportunities for victimisation and/or instigation of TAADV exclusively that may not have been possible before the development of such communication tools; however, some adolescents reported experiencing both TAADV and ADV. Implications of the findings are discussed and recommendations are made for future policy, practice and research.
    • Foreign-ownership and job insecurity during the recession: the moderating effect of union density in the UK

      Wang, Wen; Cook, Mark; Seifert, Roger (2018-11-12)
      The institutional influence, specifically trade unions, on the job insecurity of workers in Foreign-owned Enterprises (FoEs) has been generally overlooked. This study uses national representative private sector data to examine firm’s layoff incident and the number of staff made redundant in response to the recent 2008-2012 recession in the UK. Our probit regression and the Negative-Binomial regression show that overall FoEs appear to be more likely to undertake redundancy and to lay off more workers than Domestically-owned Enterprises. However, the strength of trade unionism, measured by union membership density, has a moderating effect in the incident of redundancies controlling for the adverse impact of the recession on companies studied and a wide range of industrial and firm characteristics. Furthermore, FoEs’ headquarter location seems to have no effect on the propensity of layoff or quantity of layoff in the UK.
    • FNGOs and financial inclusion: investigating the impact of microcredit on employment generation in Ghana

      Atiase, Victor; Wang, Yong; Mahmood, Samia (2018)
      Financial Non-Governmental Organisations (FNGOs) are regulated microfinance institutions (MFIs) that operate with a social welfare logic in the delivery of microcredit to the financially excluded in Ghana. The microcredit is aimed at supporting the financially excluded individuals to create sustainable Micro and Small Enterprises (MSEs) for the generation of both skilled and unskilled employment. From the institutional theory perspective, this study aims at investigating the impact of microcredit provided by FNGOs on employment growth among MSEs in Ghana. The major contribution of this study is the fact that, there is a little study on FNGOs and their impact on employment growth in the Ghanaian context. Therefore, this is one of the few studies which highlights the role of FNGOs in promoting financial inclusion through the provision of microcredit for employment generation purposes. Through a multiple regression analysis, the study uses primary data collected from 506 MSEs in Ghana. The results show that microcredit which is flexible in repayment mode, accessible, and adequate has a positive impact on employment generation among MSEs in Ghana. However, the current cost of microcredit in Ghana has a negative impact on employment growth among MSEs in Ghana.
    • Language matters: a linguist’s view on medicine

      Galasinski, Dariusz (BMJ Publishing Group, 2017-08-26)
      Language matters. I have seen this simple statement more times than I care to remember. It is used by patients, nurses, psychologists, doctors and many other healthcare professionals. In this editorial I would like to offer a view of what a statement means to a linguist. And so, first, what we say does not just mean, it means something in a particular context; second, even more importantly, language does not consist only of words, and this is why medicine and medics should focus on their ‘way of speaking’.
    • A three-talk model for shared decision making: multistage consultation process

      Elwyn, Glyn; Durand, Marie Anne; Song, Julia; Aarts, Johanna; Barr, Paul J; Berger, Zackary; Cochran, Nan; Frosch, Dominick; Galasiński, Dariusz; Gulbrandsen, Pål; Han, Paul K J; Härter, Martin; Kinnersley, Paul; Lloyd, Amy; Mishra, Manish; Perestelo-Perez, Lilisbeth; Scholl, Isabelle; Tomori, Kounosuke; Trevena, Lyndal; Witteman, Holly O; Van der Weijden, Trudy (BMJ Publishing Group, 2017-11-06)
      Objectives To revise an existing three-talk model for learning how to achieve shared decision making, and to consult with relevant stakeholders to update and obtain wider engagement. Design Multistage consultation process. Setting Key informant group, communities of interest, and survey of clinical specialties. Participants 19 key informants, 153 member responses from multiple communities of interest, and 316 responses to an online survey from medically qualified clinicians from six specialties. Results After extended consultation over three iterations, we revised the three-talk model by making changes to one talk category, adding the need to elicit patient goals, providing a clear set of tasks for each talk category, and adding suggested scripts to illustrate each step. A new three-talk model of shared decision making is proposed, based on “team talk,” “option talk,” and “decision talk,” to depict a process of collaboration and deliberation. Team talk places emphasis on the need to provide support to patients when they are made aware of choices, and to elicit their goals as a means of guiding decision making processes. Option talk refers to the task of comparing alternatives, using risk communication principles. Decision talk refers to the task of arriving at decisions that reflect the informed preferences of patients, guided by the experience and expertise of health professionals. Conclusions The revised three-talk model of shared decision making depicts conversational steps, initiated by providing support when introducing options, followed by strategies to compare and discuss trade-offs, before deliberation based on informed preferences.
    • Language and psychiatry

      Galasinski, Dariusz (Elsevier, 2018-02-02)
    • The “recruiting muddle”: married men, conscription and masculinity in First World War England

      Ugolini, Laura (Taylor & Francis, 2018-10-01)
      Interviewed many decades after the end of the First World War, Mary Morton recalled vividly how her mother’s family had made no secret of their contempt for her father’s conduct during the conflict: he was – they thought – a ‘bounder’. Tellingly, they condemned not his continued civilian status, but the fact that he had volunteered, despite his responsibilities as husband and father. Historians have long recognized the powerful pull of military masculinities during the First World War, as well as the denigration of civilian men and masculinities: this article suggests that the wartime experiences of married men like Mary Morton’s father complicate this picture of hegemonic and subordinate masculinities. They, it was widely agreed in the early years of the conflict, had responsibilities that tied them to the home front; it was unmarried men’s duty to ‘go first’. In May 1916, however, the pressing need for military manpower led to the introduction of conscription for all men, without reference to marital status. This article explores the underlying shift in understandings of manly conduct in wartime, from a belief that married men had responsibilities that kept them from enlisting, to a new emphasis on the equality of duty among all physically fit men of military age, irrespective of domestic responsibilities.
    • Prosuming tourist information: asking questions on TripAdvisor

      Oriade, Ade; Robinson, Peter (Wiley, 2018-10-21)
      This paper aims to improve our knowledge regarding types of queries raised by travellers on digital platforms by developing a model that helps in identifying and classifying such queries. Qualitative data collection and analysis of questions and answer postings of visitors on TripAdvisor forum of 10 U.K. destinations were used. Extracted data were analysed using NVivo11. Preliminary analysis identified basic themes in tourist information search. Further analysis indicated that two principal factors help in classifying online travel queries facilitating the development of the WOLF model. Findings in this study also indicate some practical implications and areas of further study.
    • Technology-assisted adolescent dating violence and abuse: a factor analysis of the nature of electronic communication technology used across twelve types of abusive and controlling behaviour

      Stonard, Karlie E. (Springer, 2018-09-17)
      Little is known about the nature of adolescents’ experiences of Technology-Assisted Adolescent Dating Violence and Abuse (TAADVA) behaviours and whether the Electronic Communication Technology (ECT) used varies depending on the behaviour. This paper therefore examines the nature of adolescents’ victimisation experience of 12 different TAADVA behaviours via nine methods of ECT (phone call, text, instant messenger, social networking site, picture message, video chat, email, chatroom and website/blog). Four-hundred-and-sixty-nine 12–18-year-old British adolescents (59% (n = 277) of which had dated in the last year) completed a questionnaire regarding their experience of TAADVA. Exploratory factor analysis was used to examine how adolescents experienced the 12 TAADVA behaviours and through which of the nine ECTs they were experienced. Adolescents’ experiences of TAADVA victimisation did not significantly vary in terms of the ECT method used and often multiple TAADVA behaviours were experienced in combination with one another across a range of ECTs, demonstrated by the identification of nine factors in the analysis. The findings highlight implications for understanding and raising awareness of the extent and intrusiveness of TAADVA, particularly when multiple abusive and controlling behaviours are experienced via multiple methods or devices. It is advised that assessing the overall construct of abusive and controlling behaviour is avoided in future research and instead, the multidimensionality of the factors identified in the analysis of the TAADVA assessment tool and the different behaviours that these factors encompass need to be considered.
    • This is not charity: the masculine work of strike relief

      Millar, Grace (Oxford Academic, 2018-08-04)
      On March 14 1951, the relief committee of the Auckland branch of the New Zealand Waterside Workers’ union voted to exclude women from the union’s relief depot. This article examines the decisions of the Auckland relief committee during a lock-out that lasted from January to June 1951. The men organizing relief understood the relationship between class, gender and welfare perpetuated by mainstream welfare organizations and they were determined not to replicate it. Excluding women was part of their effort to reconstruct the work of welfare as masculine work. Union relief structures are very much of their time; they are created as a result of an industrial conflict and usually dismantled when it ends. Because of their transient nature, they are particularly revealing about the contours of gender, class, work and welfare in a particular time and place. There is also potential for research to inform the historiography of relief. In working-class cultures where it is a man’s role to earn money and a woman’s role to manage that money, union relief during strikes and lock-outs affects and redefines both these roles. Exploring how workers have navigated these situations deepens our understanding of working-class communities.
    • No recourse to social work? statutory neglect, social exclusion and undocumented migrant families in the UK

      Jolly, Andrew (Cogitatio, 2018-08-30)
      Families in the UK with an irregular migration status are excluded from most mainstream welfare provision through the no recourse to public funds rule, and statutory children’s social work services are one of the few welfare services available to undocumented migrant families. This article draws on semi-structured interviews with undocumented migrant families who are accessing children’s services support to illustrate the sometimes uneasy relationship between child welfare law and immigration control. Outlining the legislative and policy context for social work with undocumented migrant families in the UK, the article argues that the exclusion of migrant families from the welfare state by government policy amounts to a form of statutory neglect which is incompatible with the global social work profession’s commitment to social justice and human rights.
    • Having a voice: a collaborative research project exploring the challenges and assets of people experiencing homelessness

      Massie, Rachel; Machin, Richard; McCormack, Fiona; Kurth, Judith (Emerald Publishing Limited, 2018-10-15)
      Purpose: The purpose of this paper is to understand the lived experience of people who have experienced homelessness and street activity, and professional stakeholders’ views about the challenges faced by this client group. The study sought to identify measures to improve the current situation for both individuals experiencing homelessness and professionals working with them. Design/methodology/approach: Peer researchers with lived experience of multiple and complex needs conducted semi-structured interviews/surveys with 18 participants (eight individuals experiencing homelessness and street activity and ten professional stakeholders). The authors of the paper conducted a thematic analysis of the data. Findings: This paper offers insights into both the current challenges and assets for people who are or have been homeless in an urban setting. Key findings include the need for a coordinated partnership approach to address pathways to support, and the importance of developing opportunities for meaningful activity and building on local resources including giving homeless people a voice. These findings are discussed within the context of current policy (Housing First) and legislation (Homelessness Reduction Act 2017) and the impact on integrated care for people who have experienced homelessness. Research limitations/implications: The views explored in this study are specific to one city centre in the West Midlands; thus, generalisability may be limited. Originality/value This study presents a participatory research approach with peer researchers exploring the perspective of individuals experiencing homelessness and wider stakeholders. The findings of this research are considered with reference to the provisions of the HRA 2017.
    • The apology in democracies: reflections on the challenge of competing goods, citizenship, nationalism and pluralist politics

      Cunningham, Michael (Palgrave Macmillan, 2014-07-08)
      Much of the literature related to the issue of the political apology has focused on one of three areas; attempts to provide a definition of what a ‘real’ or genuine apology looks like and what criteria have to be satisfied to provide one, normative defences of the apology as contributing to various desirable outcomes (e.g. recognition, reconciliation, justice) and the grappling with issues such as collective or transgenerational responsibility, which underpin the coherence of the apology.
    • Iura Novit Arbiter in England and Wales; the exercise of arbital discretion

      Mistelis, Loukas; Potocnik, Metka (Juris Legal Information, 2018-04-16)
      The role and function of the principle iura novit arbiter is contested and controversial in international arbitration. Whereas courts in civil law jurisdictions accept this principle more broadly, courts in common law jurisdictions are less willing to accept its existence in international arbitration. This chapter reviews the existing legal position in the United Kingdom (with focus on England and Wales) and argues that the broad powers of arbitral tribunals as provided for in sections 33(1)(b) and 34(2)(g) of the English Arbitration Act (1996) are better viewed as important efficiency drivers in the case management of arbitral proceedings and are less to be viewed as aspects of a “truth finding” exercise to be performed by arbitrators. Even if arbitrators find an independent line of inquiry in a case they are adjudicating, they must present this thinking to the parties, as failing to do so, would typically result in the setting aside of the award under section 68(2)(a) EAA.
    • An overview of the pre-insolvency procedures in the United Kingdom and South Africa

      Kastrinou, Aleksandra; Jacobs, Lezelle (Routledge, 2017-01)
    • Evaluating the ability and desire of Police and Crime Commissioners (PCCs) to deliver community-orientated policing in practice

      McDaniel, John L M (Springer International Publishing, 2018)
      This chapter locates the ethos of community-oriented policing at the heart of the Police and Crime Commissioner (PCC) model in England and Wales and shows that the PCCs’ Police and Crime Plans should function as a key prism through which their performance should be measured. It focuses, in particular, on the Police and Crime Plans for Greater Manchester, the West Midlands and London, examining whether and to what extent they deliver a measure of community-oriented policing in practice.
    • Legal skills and the SQE: Confronting the challenge head on

      Jones, Dawn (Taylor & Francis, 2018-10-09)
      The approval of the Solicitors Qualifying Examination (SQE)1 in April 2018 by the Legal Services Board2 heralds the demise of the Legal Practice Course (LPC). The new route to qualification announced by the Solicitors Regulation Authority (SRA) also removes the requirement for a qualifying law degree3 prior to entering the legal profession as a solicitor, an undergraduate degree is required but the discipline is no longer prescribed. This change in approach creates new challenges for both Universities and students in relation to the acquisition of legal skills and understanding of professional conduct4 and the extent to which these elements should be incorporated into the LLB. Whether or not the LLB provided by an institution aims to include preparation for the SQE, a vocational legal education, or whether the institution offers a liberal law degree without SQE preparation will determine the degree to which practical legal skills and professional conduct will be a requisite. A liberal law degree can be seen as ‘one which does not focus on education for a particular purpose other than education itself. It is not aimed at preparing students for a particular job or profession and is not concerned with notions such as employability.’5 For those institutions offering SQE preparation the challenge may be retaining sufficient opportunities for students to engage with socio-legal writing while also covering the essential practical elements required by the SQE. This is a challenge identified by Rigg as “the dual function of providing a liberal legal education while facilitating student and external expectations of employability”.