Recent Submissions

  • 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.
  • An overview of the pre-insolvency procedures in the United Kingdom and South Africa

    Kastrinou, Aleksandra; Jacobs, Lezelle (Routledge, 2017-01)
  • Company voluntary arrangements: evaluating success and failure

    Walton, P.; Jacobs, L.; Umfreville, C. (R3 & ICAEW, 2018)
  • Recognising Effective Legal Protection to People Smuggled at Sea, by Reviewing the EU Legal Framework on Human Trafficking and Solidarity between Member States

    Ventrella, Matilde (Cogitatio, 2015-02-23)
    The death toll of migrants at sea is on the increase. The EU and its Member States are not addressing the situation by widening the EU legal framework on human trafficking to persons smuggled at sea. People smuggled at sea are extremely vulnerable at the hands of their smugglers and suffer serious abuse of their human rights from their journeys through the desert, on the boats and when they reach their final destination. They become victims of human trafficking and they should not be neglected anymore by the EU and its Member States. However, all EU proposals lack of concreteness as Member States do not want to support and host migrants at sea on their territories. They are reluctant to launch solidarity between each other as requested by the Lisbon Treaty and by doing this, they are indirectly responsible for the death of many migrants at sea and for the abuse of their human rights. This article proposes alternatives to explore that could change the situation if Member States show their willingness to cooperate with each other.
  • Codifying the Law on Evidential Burdens

    Glover, Richard M. (Vathek Publishing, 2008)
    This article examines the concept of the evidential burden and argues that the decision in R v Malinina illustrates that the concept of the evidential burden is in desperate need of clarification. It will be contended that, ultimately, codification would be the best means of achieving that end.
  • Pre-appointment administration fees - papering over the cracks in pre-packs?

    Walton, Peter (Sweet & Maxwell, 2008)
    Considers the remuneration of insolvency practitioners for work done on pre-packaged administrations (pre-packs). Examines the proposed amendments to the Insolvency Rules 1986 dealing with pre-appointment expenses, the rights of unsecured creditors, management buy-outs and conflicts of interest, and concerns over the transparency and legitimacy of pre-packs.
  • Data-sharing and Crime Reduction: The Long and Winding Road

    Brookes, Stephen; Moss, Kate; Pease, Ken (Palgrave Macmillan, 2003)
    The Crime and Disorder Act 1998 charges responsible authorities with devising and implementing strategies for community safety. Responsible authorities comprise police and local authorities, working as partnerships. Criteria for the permissible exchange of relevant data are to be found in the Act. In practice, partnerships have experienced difficulties in reaching agreement about datasharing. This paper looks at the legal background to data-sharing, its limitations, best practice, and the potential consequences of lowering barriers to information exchange.
  • Crime Reduction

    Moss, Kate (Routledge (Taylor & Francis), 2008)
    Across the globe, challenging and contentious issues about community safety and security increasingly exercise governments and police forces—as well as, for example, town planners and car-park designers. Consequently, as a specialist area within the wider discipline of criminology, crime reduction has never before enjoyed such prominence in public and scholarly discourse. With research on and around the subject flourishing as never before, this new title in the Routledge Major Works series, Critical Concepts in Criminology, meets the need for an authoritative reference work to make sense of the subdiscipline’s colossal literature and the continuing explosion in research output and practice. Edited by Kate Moss, a prominent academic in the field, Crime Reduction is a four-volume collection of foundational and cutting-edge scholarship. The first volume in the collection (‘Approaches to Reduction’) brings together the best research on the different approaches to crime reduction, including its classification and theory, and ideas of what is preventable. The work gathered here also includes criticisms of crime reduction, not least research around the phenomena of displacement and sustainability. Volume II (‘Motivation of the Criminal Inclination’) collects the most important work on issues of crime reduction, particularly those concerned with what one thinker has described as ‘structure and psyche’. The scholarship in this volume draws both on the structural perspective (which emphasizes the view that reduction is achievable only through economic and social change, especially by ameliorating inequality or levels of social exclusion), and the ‘psyche’ approach (which regards crime principally as a product of the human spirit and seeks to change criminal inclination and activity by policies of, for example, deterrence, incapacitation, and reform). The notion of situational crime reduction has been a particularly active area of research in recent years. But the idea that changes to the social and physical settings in which crime may occur can reduce its frequency or impact is far from uncontroversial. Volume III (‘Situational Crime Reduction’) assembles the best thinking in this area tackling, for example, ethical dilemmas about the impact of some reduction strategies on our freedom and privacy rights, as well as the difficult and profound implications that arise from the increasing extent to which crime reduction has become the de facto responsibility of private rather than state organizations. The final volume in the collection (‘Crime Prevention in Action’) gathers together the best cutting-edge work to highlight key examples of empirical crime reduction research in action. It includes research focusing on: the need to incentivize crime reduction to persuade more people to take responsibility for reducing a greater variety of crime; the effects of apparently subtle strategies (such as changes to street lighting); and anticipatory changes (whereby crime seems to reduce in advance of reduction initiatives). Volume IV also includes assessments of the future developments in the field. Crime Reduction is fully indexed and includes a comprehensive introduction, newly written by the editor, which places the collected material in its historical and intellectual context. An essential reference collection, it is destined to be valued by scholars, students, and practitioners as a vital one-stop research and pedagogic resource.
  • Security and Liberty: Restriction by Stealth

    Moss, Kate (Palgrave Macmillan, 2008)
    In considering the problems of legislating to reduce crime, this book highlights evidence of the veritable deluge of legislation which has reached the statute books over the last ten years and asks, what are the reasons for this? It provides an overview of some of the ways in which citizens are currently criminalized by legislation and gives specific examples of various other stealthy ways in which essential civil liberties have recently been restricted. Generating new insights on crime reduction this study asks, is legislating to reduce crime really a good idea, or are there better ways of doing it and if so, what are these and why are they better? Why might it be wrong to over-legislate and what sort of societies could be produced from a propensity to over-legislate? CONTENTS: * The Retreat from Liberty * Constitutional Origins of Erosion * The Culture of Control * Detention Without Trial * Football Banning Orders * Secure Borders * Implications for Crime Reduction and Criminology
  • International Response to the Money Laundering Threat

    Haynes, Andrew (City & Financial, 2003)
    A Practitioner's Guide to International Money Laundering Law and Regulation brings together a wealth of expertise to examine global regulatory developments. In over 25 chapters, it covers, amongst other areas; the US and UK response; "know your customer" issues; investigations; terrorist financing; and EU directives. In addition, the law and regulation in over 50 territories is also summarised.
  • The Law and Practice of International Banking, 2nd edition

    Penn, Graham; Haynes, Andrew (Sweet & Maxwell Ltd., 2009)
    The new edition of Law and Practice of International Banking is fully updated and revised to include new areas such as securitisation and regulatory aspects of derivatives, in addition to providing an authoritative guide to the latest developments in this rapidly evolving area of law. The complex underlying principles of the subject, along with emerging issues of major importance, will be fully covered, with the authors adopting a highly practical approach throughout. CONTENTS: * Governing the law * Jurisdiction * Sovereign risk * Term loans * Primary and secondary syndication * Events of default * Swaps * Standby and commercial letters of credit * Security * Guarantees * Exchange controls * Withholding taxes * Securitisation * Eurobonds * Capital adequacy * Taxation issues
  • The Wolfsberg Principles - self imposed codes of practice.

    Haynes, Andrew (Sweet & Maxwell Ltd., 2005)
    Comments on the Wolfsberg Principles on the suppression of terrorist financing. Discusses client acceptance, client identification, due diligence, the acceptance of numbered or alternate name accounts, risks associated with offshore jurisdictions, responsibility for oversight, situations requiring extra due diligence, the updating of client files, the identification of suspicious or unusual activities, monitoring programmes, the requirement for written control policies, reporting, training records, the role of financial institutions in the fight against terrorism, the importance of adherence to existing know your customer policies, high risk sectors and cooperation.
  • Money laundering: from failure to absurdity

    Haynes, Andrew (Emerald Group Publishing Limited, 2008)
    Purpose – The purpose of this paper is to examine the UK law relating to money laundering in the aftermath of the three statutory instruments that came into effect in December 2007. In particular the suitability and impact of the law is considered. Design/methodology/approach – The method adopted is to analyse the current content of the law and consider whether the approach utilised in its drafting will result in the aims behind the law being achieved. Findings – The result of this analysis is to conclude that the law as drafted is not designed in a way that can be effectively applied and that in addition the entire approach is flawed. In particular there are five key areas where problems arise: there is a requirement to report suspicion or knowledge of criminal offences or proposed terrorist acts but not other proposed criminal offences; the requirement to report only relates to information that comes into the reporter’s possession in the course of their trade or profession; the 2007 Regulations create requirements that many of those on whom they are imposed will not be able to effectively apply; the new s.333A appears to limit the offence of tipping off to the regulated sector but will not work as drafted; and in addition there are clear human rights issues associated with the overall regime. Originality/value – This original and topical paper explains the law as it now exists and provides analysis of its impact and undoubted failings.
  • Corporate collapse and the reform of boardroom structures - lessons from America?

    Griffin, Stephen (Sweet & Maxwell, 2003)
    Comments on the events leading to the collapse of the Enron corporation in the US. Highlights the responsibility for Enron's demise, focusing on the role of the auditors, the board and senior management. Examines key provisions of the Sarbanes-Oxley Act 2002, passed as a direct response to Enron, including the prohibitions on corporate activity, the regulation of auditors and the imposition of criminal penalties. Discusses the UK's response to the corporate scandals in the US, reviewing proposed reforms in the Higgs report relating to boardroom structures and the role of non-executive directors, and the scope of the revised Code on Corporate Governance, published in July 2003.
  • Enron and the End of Corporate Governance.

    Campbell, David; Griffin, Stephen (Oxford: Hart Publishing, 2006)
    This book - one in the four-volume set, Global Governance and the Quest for Justice - focuses on the role of corporations in an increasingly globalised world. Against the backcloth of perceived abuse of corporate power - alleged violations of human rights, degradation of the environment, abuse of labour, Enron-style financial scandals, and the like - the chapters in this collection examine the nature and function of the corporation as well as the way in which we should understand corporate governance and the power of transnational corporations. Central to the question is the issue of accountability, as well as the questions of social and environmental responsibility - here the authors ask whether corporations should be more accountable relative to the broader public interest, and suggest that public law approaches to accountability may offer a way forward. Consideration is also given to the most appropriate regulatory locus (local, regional, or international) and the most effective form of response to the deficit in corporate responsibility and the abuse of corporate power. For example, are transnational corporations most effectively regulated internationally (e.g., by the United Nations), regionally (e.g., by the EU or NAFTA) or locally (e.g., through stringent reporting requirements and implementation of triple bottom line standards)?

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