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Journal articles on the topic 'English law: financial law'

Author: Grafiati

Published: 4 June 2021

Last updated: 27 July 2025

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1

Martínez Girón, Jesús, and Alberto Arufe Varela. "Critical Labor Law versus Labor Law." Revista Derecho Social y Empresa, no. 3 (July 15, 2015): 115–30. http://dx.doi.org/10.18172/redsye.6113.

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The authors argue their option to put aside the explanation of Labor Law at Law School, to go on to explain a «critical» Labor Law, in Spanish and English. On one side, it is due to the limitations and new requirements deriving from the implementation of «Bologna Plan». On the other side, it is also due to the destroying impact of the current economic-financial crisis on the traditional Labor Law.

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2

Penhall, Winston. "Fiduciary duties of UK investment managers and conflicts: the arch financial products case." Journal of Investment Compliance 16, no. 3 (2015): 43–48. http://dx.doi.org/10.1108/joic-06-2015-0037.

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Purpose – The article analyses the findings of the Court in the Arch Cru case relating to manager fiduciary duties under English law and conflicts of interest compliance failings. Design/methodology/approach – This article summarises the Arch Cru case with a focus on fiduciary duties and practical compliance suggestions for conflicts of interest situations. Findings – The article addresses in particular the novelty of the fiduciary duty finding in the Arch Cru case and the justifiable concerns that compliance officers may have going forward given the nature of the regulatory enforcement approa

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3

Brody, Grace. "Implications of the Selection of Islamic Law in European Private International Law." Michigan Journal of International Law, no. 43.3 (2022): 803. http://dx.doi.org/10.36642/mjil.43.3.implications.

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The English Court of Appeal in Beximco v. Shamil Bank chose to apply only English law in a breach of contract case, even though the choice of law clause in the contract at issue also selected Islamic law. The court cited three main reasons for this decision. First, article 3(1) of the Rome I Convention “contemplates” that a contract can be governed only by the “law of a country,” and there is no mention of the application of a “non-national system of law such as Sharia law.” Second, Islamic law does not consist of “principles of law” but instead a system of principles which “apply to other asp

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4

Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 2." Arab Law Quarterly 23, no. 2 (2009): 181–93. http://dx.doi.org/10.1163/157302509x415701.

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AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in

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5

Foster, James. "Legal evolution in the financial realm: Propelling auditor accountability in England." Journal of Infrastructure, Policy and Development 8, no. 6 (2024): 3319. http://dx.doi.org/10.24294/jipd.v8i6.3319.

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This article advocates for a fundamental shift in England’s legal approach to professional negligence, particularly within the domains of accounting and audit. English law should move away from its intricate and unclear case law surrounding professional negligence towards a clearly defined test for professional misconduct. Drawing upon a comparative analysis with the legal framework in the United States, where auditors are not shielded from liability under the law, the article highlights the need for a more consistent and accountable legal landscape in England. One of the main aspects that nec

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6

Lehmann, Matthias. "Brexit and the Consequences for Commercial and Financial Relations between the EU and the UK." European Business Law Review 27, Issue 7 (2016): 999–1027. http://dx.doi.org/10.54648/eulr2016045.

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The UK’s withdrawal from the European Union will have – and already has – a dramatic impact on the political, legal and economic landscape, both in Britain and on the continent. This contribution takes a closer look at the effects on individual relationships and businesses. Against the background of the possible scenarios (British accession to the European Economic Area (EEA), bilateral trade agreement with the EU, or ‘hard’ exit with third-country status), it scrutinizes Brexit’s consequences in five areas: contract law, the law of non-contractual obligations, corporate law, financial law, an

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7

Marston, Geoffrey. "The Personality of the Foreign State in English Law." Cambridge Law Journal 56, no. 2 (1997): 374–417. http://dx.doi.org/10.1017/s000819730008137x.

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The Daily Cause Lists at the Royal Courts of Justice disclose that from time to time foreign sovereign States appear as parties to civil litigation in the courts of England and Wales, mostly as plaintiffs but also, in cases often better known because of the issues of immunity to which they give rise, as defendants. In his judgment in the House of Lords in Arab Monetary Fund v. Hashim (No. 3), Lord Templeman, eferring to the case concerning the financial collapse of the International Tin Council decided the previous year by the same tribunal,1 observed:2 “The Tin Council case reaffirmed that th

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8

Burchardi, Sophie. "Contractual Relationships between Investors and Financial Advisors." European Review of Contract Law 16, no. 2 (2020): 300–316. http://dx.doi.org/10.1515/ercl-2020-0015.

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AbstractFor investors who are mis-sold financial products, contractual claims against financial advisors are often decisive in compensating losses. The European Court of Justice has decided in its Bankinter judgment that national law must determine the contractual consequences of breaches of the MiFID I (substituted by MiFID II) suitability rule. This article examines the contractual relationships between investors and financial advisors under German, Italian and English law. It highlights the significant differences between the jurisdictions in the questions of when a contractual obligation t

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9

Et. al., Otabek Narziev,. "The Perspectives Of The Establishment Of International Financial Centers In Uzbekistan And The Implementation Of English Law." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 4 (2021): 1104–8. http://dx.doi.org/10.17762/turcomat.v12i4.622.

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In this article analyzed main notions of international financial center and its brief history, and the views of several scientists from different countries about international financial centers and its types. Moreover, it is also researched the perspectives of the establishment of international financial centers as one type of free economic zones in Uzbekistan. In addition, in this article researched the main features of common law, its implementation as a special legal regime on regulating international financial centers in Uzbekistan. As result of analyzes, it is illustrates legal, financial

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10

Et al., Otabek Narziev,. "The Perspectives of the Establishment of International Financial Centers in Uzbekistan and the Implementation of English Law." Psychology and Education Journal 58, no. 1 (2021): 113–19. http://dx.doi.org/10.17762/pae.v58i1.749.

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In this article analyzed main notions of international financial center and its brief history, and the views of several scientists from different countries about international financial centers and its types. Moreover, it is also researched the perspectives of the establishment of international financial centers as one type of free economic zones in Uzbekistan. In addition, in this article researched the main features of common law, its implementation as a special legal regime on regulating international financial centers in Uzbekistan. As result of analyzes, it is illustrates legal, financial

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11

Banakas, Stathis. "Liability for Incorrect Financial Information: Theory and Practice in a General Clause System and in a Protected Interests System." European Review of Private Law 7, Issue 3 (1999): 261–86. http://dx.doi.org/10.54648/252529.

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This paper is a comparative study of the remedies available for economic losses caused by incorrect financial advice or information in a system of extracontractual liability working with General Clauses (French law), and two other systems working with restrictive concepts of tort liability intended to relativise the protection of economic interests (English and German law). The extent to which recovery for such losses is allowed in the three legal systems is analysed and compared, and the practical significance of the conceptual differences considered. Additionally, the paper discovers the eme

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12

Yu, Guanghua. "Takeovers in China: The Case against Uniformity in Corporate Governance." Common Law World Review 34, no. 2 (2005): 169–94. http://dx.doi.org/10.1350/clwr.34.2.169.65365.

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Corporate governance has attracted enormous attention both in the area of law and in the area of financial economics. In comparative corporate governance studies, many people have devoted their energy to finding a best corporate governance model. I argue that a functional analysis does not support the view that there is a single best model in the world. I further use the transplantation of an English-style takeover law into China to explain that the importation of foreign law is not always based on careful analysis of whether the imported foreign law is the best in the world. Furthermore, I di

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13

Nadar, Aisha. "Islamic Finance and Dispute Resolution: Part 1." Arab Law Quarterly 23, no. 1 (2009): 1–29. http://dx.doi.org/10.1163/157302509x395623.

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AbstractThe Islamic Financial Industry is an industry that organises financial services in accordance with Islamic Law, in the same way as the traditional financial industry is organised in accordance with secular law. The unique challenges facing the industry in terms of compliance with Islamic law have been internationally recognised in relation to capital adequacy, risk management, corporate governance, transparency and disclosure. The same, however, has not been true in the area of dispute resolution. The purpose of this paper is to identify the unique challenges facing Islamic finance in

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14

Antonoudi, Efthymia, Genti Kostandini, and HanNah Lim. "Immigration Law Enforcement and Immigrant Homeownership." Financial Services Review 33, no. 2 (2025): 93–123. https://doi.org/10.61190/fsr.v33i2.4113.

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We use the American Community Survey microdata and employ difference-in-differences (DID) models to examine how local immigration law enforcement, through 287(g) agreements and the Secure Communities program, impacts homeownership among different demographic groups. The findings indicate that 287(g) agreements significantly reduce the likelihood of homeownership, particularly among Hispanics without a college education and U.S. citizenship, with effects most pronounced in states lacking E-Verify mandates. The Secure Communities program exhibits more nuanced effects, initially showing positive

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15

Banner, Stuart, and Bruce G. Carruthers. "City of Capital: Politics and Markets in the English Financial Revolution." American Journal of Legal History 43, no. 3 (1999): 345. http://dx.doi.org/10.2307/846171.

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16

Banner, Stuart, and Bruce G. Carruthers. "City of Capital: Politics and Markets in the English Financial Revolution." American Journal of Legal History 44, no. 1 (2000): 73. http://dx.doi.org/10.2307/846256.

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17

Roxburgh, Alan. "Knowing receipt: a question of priorities." Trusts & Trustees 27, no. 4 (2021): 344–52. http://dx.doi.org/10.1093/tandt/ttab019.

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Abstract The recent judgment of Fancourt J in Byers v Samba Financial Group considers whether a transferee of trust assets who has taken free of the beneficiary’s proprietary interest under the applicable foreign law of property can nevertheless be exposed to personal liability under the English law of knowing receipt. The issue, as the Judge observed, may be of considerable importance to equity lawyers.

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18

Terwindt, Carolijn, and Tara Van Ho. "Assessing the Duty of Care for Social Auditors." European Review of Private Law 27, Issue 2 (2019): 379–401. http://dx.doi.org/10.54648/erpl2019020.

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This article analyses the appropriate duty of care under English tort law for social auditors towards third parties at risk of suffering damages from their negligence. After explaining the work of social auditors, the article considers whether the duty of care established for financial auditors is an appropriate one for social auditors. It concludes that a robust duty of care does exist for social auditors to guard against negligent audits that could harm workers at audited facilities. Due to differences between the financial and social audit, it further argues the duty of care for social audi

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19

Sanden, Guro R. "Language policy and corporate law: A case study from Norway." Nordic Journal of Linguistics 43, no. 1 (2020): 59–91. http://dx.doi.org/10.1017/s0332586519000222.

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AbstractThis paper investigates how 492 of the largest companies in Norway comply with the language requirement of the Norwegian Accounting Act Article 3-4. The results show that 36% of the companies presented their financial statements in Norwegian only, 45% in one or more language(s) in addition to Norwegian, while 19% had been granted dispensation and presented statements in English-only. The company’s ownership, use of English as a corporate language, and industry affiliation were the three most commonly mentioned reasons for dispensation, but the findings show significant differences betw

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20

Shadman, Saquib M. "The Legal Framework of Corporate Rescue Procedure: A Brief Overview." Northern University Journal of Law 4 (December 14, 2015): 57–65. http://dx.doi.org/10.3329/nujl.v4i0.25941.

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This paper is designed to throw an insight into the legal framework of corporate rescue procedure of the companies in the case of insolvency which are generally governed by insolvency laws. It analyzes the present status and application of insolvency law of our country in the context of companies, by comparing the same with the law of England & Wales. The paper contains major provisions of the present law relating to corporate rescue procedures in English jurisdiction including landmark judgments given in that context. By this comparison, the paper aims to provide the reader with the insti

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21

Schmulow, Andrew. "Empowering Australian Financial Consumers through Plain English Legislative Drafting." International Review of Financial Consumers 9, no. 1 (2024): 43–57. https://doi.org/10.2478/irfc-2024-0004.

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ABSTRACT This paper addresses the legislative morass that has been observed in Australia, in which legislation for the protection of financial consumers is impenetrable, confusing, incoherently organised, spread over multiple pieces of legislation, contradictory, excessively lengthy, and drafted in a manner that obfuscates meaning and is inaccessible to the average (or indeed, sophisticated) consumer. It discusses how such legislation is antithetical to the principles of the rule of law. It provides evidence from other jurisdictions of the effective use of plain English drafting, as well as th

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22

Chung, Benny, and Jason Chun Wing Chiu. "Right? Wrong? Outdated?: An evaluation of the controversial Hunter v Moss." Trusts & Trustees 26, no. 2 (2019): 114–23. http://dx.doi.org/10.1093/tandt/ttz116.

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Abstract Hunter v Moss is a landmark, but also controversial, English trusts law case. In this article, we argue that Hunter v Moss is, indeed, not as controversial or problematic as the academic critics have portrayed it to be, by explaining why those criticisms do not stand. We then argue that the biggest problem with this judgment is its inability to accommodate cases with a financial context, and we propose that the common law courts should rather adopt a facts-based approach.

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23

Malakoutikhah, Zeynab. "Criminalisation of terrorism financing in Iranian law." Journal of Financial Crime 27, no. 1 (2020): 231–44. http://dx.doi.org/10.1108/jfc-12-2018-0133.

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Purpose The purpose of this study is to demonstrate that to what extent the Iranian criminalisation of terrorism financing meets the international standards of counter-terrorism financing regime, particularly the Financing Convention and the Financial Action Task Force (FATF) Recommendations, and what is the main impediment for Iran to integrate at the international level to combat terrorism financing. Also, it tries to rate the Iranian criminalisation of terrorism financing in accordance with the FATF technical compliance rating. Design/methodology/approach This subject is analysed from an Ir

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24

Heikal, Sherif. "Financial Free Zones and Legal Autonomy: A Study of ADGMC and DIFCC." Advances in Social Sciences Research Journal 12, no. 05 (2025): 170–85. https://doi.org/10.14738/assrj.1205.18897.

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The research investigates the institutional autonomy and legal functionality of the Dubai International Financial Centre Courts (DIFCC) and the Abu Dhabi Global Market Courts (ADGMC) as hybrid judicial systems operating within the United Arab Emirates (UAE). The courts achieve their unique legal transplantation and selective modernization status through their adoption of English common law and their appointment of foreign judges and procedural independence from the UAE's federal and Sharia-based judiciary. This research evaluates the rule-of-law performance and enforcement challenges and inves

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25

Arayssi, Mahmoud, and Ali Fakih. "Institutions and development in MENA region: evidence from the manufacturing sector." International Journal of Social Economics 42, no. 8 (2015): 717–32. http://dx.doi.org/10.1108/ijse-07-2014-0136.

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Purpose – The purpose of this paper is to study the role of institutions (including civil law origin), financial deepening and degree of regime authority on growth rates in the Middle East and North Africa region. Design/methodology/approach – This paper examines the implications of industrial firm-related and national factors for the determinants of economic growth using panel data through a fixed effect model. Findings – The results reveal that English civil law origin and the establishment of the rule of law work with the development of financial institutions to increase economic growth in

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26

Wilson, Gary, and Sarah Wilson. "Can the General Fraud Offence ‘Get the Law Right’?: Some Perspectives on the ‘Problem’ of Financial Crime." Journal of Criminal Law 71, no. 1 (2007): 36–53. http://dx.doi.org/10.1350/jcla.2007.71.1.36.

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The Fraud Bill, which received Royal Assent on 8 November 2006, created an offence of fraud in English criminal law which marks a departure of utmost significance from the approach adopted hitherto, whereby a number of related offences cover behaviour deemed to amount to fraud. To mark the passage of the Fraud Act 2006 into law, this article examines the references which were made during its consideration in Parliament to fraud as activity which is serious and which is often erroneously portrayed as ‘victimless' crime. In joining these key criminal policy-making debates with academic study of

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27

Sheridan, Iain. "Financial Technology and global capital markets—the impact of pro-enterprise regulation and English law." Capital Markets Law Journal 13, no. 4 (2018): 587–99. http://dx.doi.org/10.1093/cmlj/kmy027.

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28

Russell, David, and Gabor Bognar. "The application of English law in the financial free zones of the United Arab Emirates." Trusts & Trustees 23, no. 5 (2017): 480–89. http://dx.doi.org/10.1093/tandt/ttx045.

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29

Wilson, Therese, Yuri Banens, and Shanayah Sharif. "ISDS and States’ Ability to Deal with Financial Crisis." Journal of International Arbitration 40, Issue 3 (2023): 245–62. http://dx.doi.org/10.54648/joia2023012.

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This article reports on the results of an empirical study focused on ‘carve outs’ with respect to financial regulation in bilateral investment treaties (BITs) and free trade agreements (FTAs) entered into during the five-year period between 2015 and 2019. It did so by analysing the eighty-five BITs and FTAs signed in the period 2015 to 2019 inclusive, which were available in English in the UNCTAD Investment Policy hub, identifying three primary types of carve outs. We define carve outs as clauses which either provide an exception or defence to investor-state dispute settlement (ISDS) claims in

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30

Dahdal, Andrew, and Francis Botchway. "A Decade of Development: The Civil and Commercial Court of the Qatar Financial Centre." Arab Law Quarterly 34, no. 1 (2020): 59–73. http://dx.doi.org/10.1163/15730255-12341045.

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Abstract The Qatar International Court is a new breed of judicial tribunal inspired by the English Commercial Court based in London. It provides a dispute resolution forum specifically tailored to civil, commercial and administrative disputes arising within the framework of Qatar Financial Centre. Over the past decade, the Court has grown in prominence both locally and globally. It is one of a number of similar judicial bodies that have recently been established in jurisdictions from Singapore to Kazakhstan. This article examines the experience of the Qatar International Court and is offered a

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31

Casper, Matthias. "Three Topics at the Periphery of Corporate Governance: Business Rescues and Wrongful Trading, Supervisory Law for Financial Institutions and the Perspective on Islamic Financial Institutions." European Business Law Review 26, Issue 1 (2015): 203–27. http://dx.doi.org/10.54648/eulr2015011.

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In this paper three specific areas and their impact of corporate governance are analysed. The first part of the article questions the adequacy of current obligations under German law to inform shareholders of a financial crisis. The risk that directors and other managers will make risky decisions because of a desire to avoid insolvency and the rules governing corporate conduct in situations of insolvency or near-insolvency in Germany are considered and contrasted with the English approach. The approach to supervision of financial institutions, and the potential for these rules to apply to comp

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Rossi, Filippo. "Tort Liability of Financial Regulators: A Comparative Study of Italian and English Law in a European Context." European Business Law Review 14, Issue 6 (2003): 643–71. http://dx.doi.org/10.54648/eulr2003033.

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33

A. Asongu, Simplice. "African financial development dynamics: big time convergence." African Journal of Economic and Management Studies 5, no. 2 (2014): 160–94. http://dx.doi.org/10.1108/ajems-06-2012-0037.

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Purpose – Assessment of African financial development dynamic convergences in money, credit, efficiency and size. The paper aims to discuss these issues. Design/methodology/approach – The empirical evidence is premised on 11 homogenous panels based on regions (Sub-Saharan and North Africa), income-levels (low, middle, lower-middle and upper-middle), legal-origins (English common-law and French civil-law) and religious dominations (Christianity and Islam). The paper examines convergence in financial intermediary dynamics of depth, efficiency, activity and size. Findings – Findings suggest that

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34

Roshdy, Rana. "Tying the knot between interlingual and intralingual translation: reconceptualising Islamic law in translation studies." Lingua Legis 2023, no. 31 (2023): 33–48. https://doi.org/10.32612/uw.25434357.2023.31.pp.33-48.

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In the contemporary Muslim and Western world, Islamic law finds a niche in family law and the financial domain. At least forty-seven countries worldwide implement Islamic law as a primary or secondary source in their legal system (Hellman 2016). Most research on Islamic law derives from legal philosophy and historical studies; however, there are relatively few commentaries within linguistics and translation studies. This article aims to advance the understanding of Islamic law by tapping into two fundamental approaches within translation studies: ‘interlingual’ and ‘intralingual translation’ (

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35

Beazley, Peter, and Charlotte Emmett. "Malingered Mental Health: Legal Review and Clinical Challenges in English and Welsh Law." International Journal of Mental Health and Capacity Law, no. 28 (April 27, 2022): 10–53. http://dx.doi.org/10.19164/ijmhcl.28.1233.

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Malingering – the feigning of mental or physical health symptoms for external gain – is a significant problem for clinicians, the courts, and society. For clinicians working in mental health settings, it is a complex task to differentiate malingered presentations from genuine ones, with a range of potential legal and ethical questions facing the clinician who conducts this task. Yet, the malingering of mental health problems has a range of potential impacts. For the courts, malingering presents a significant threat to their basic function by acting as a significant impediment to truth. For soc

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36

Ehiemua, Roseline Omoye. "Advancing Women's Rights to Joint Ownership of Matrimonial Property in Nigeria: Using Kenya as a Model." African Journal of International and Comparative Law 31, no. 4 (2023): 600–616. http://dx.doi.org/10.3366/ajicl.2023.0468.

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This article critically reviews the concept of matrimonial property in Nigeria, with particular reference to real property and the rights of spouses to it during marriage dissolution, against the backdrop of extant statutes and case law on the subject, and makes a case for a reform using Kenya’s progress in this area of law as a model. It identifies gaps and inconsistencies in the existing statutes and case law on the subject in Nigeria which render many verdicts controversial, unsatisfactory and inequitable. First, the reviewed literature identifies that neither statute nor case law proffers

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Paterson, Sarah. "Reflections on English Law Schemes of Arrangement in Distress and Proposals for Reform." European Company and Financial Law Review 15, no. 3 (2018): 472–502. http://dx.doi.org/10.1515/ecfr-2018-0015.

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The English scheme of arrangement process has, in many ways, proved a reliable friend to distressed companies and their majority finance creditors in the decade following the financial crisis. However, experience of using the scheme process to achieve a debt restructuring has highlighted a number of areas where it could be improved for the present, or to make it more adaptable in the future. This article was written at a time when the Insolvency Service had launched a review of the corporate insolvency framework in the UK (and published many of the responses which it has received to the consul

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Liyanage, Udapadie. "The Dilemma of Pure Economic Loss; A Critical Legal Analysis." Sri Lanka Journal of International Law 30, no. 1 (2024): 95–124. https://doi.org/10.4038/sljil.v30i1.6.

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Patrimonial loss, which involves physical injury or damage to property, is typically redressed by law. However, pure economic loss, which occurs without any accompanying physical harm, is often not compensated. This type of loss arises from wrongful acts or omissions by individuals, entities, or authorities, particularly in financial contexts. In recent years, Sri Lanka has faced significant economic challenges, with both the nation and its citizens experiencing substantial financial losses. Despite a comprehensive legal framework, the redress for pure economic loss in delict remains untouched

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Pißler, Knut Benjamin, and Yvonne Eulers. "Bibliography of Academic Writings in the Field of Chinese Law in Western Languages in 2013." Zeitschrift für Chinesisches Recht 21, no. 2 (2014): 172–90. https://doi.org/10.71163/zchinr.2014.172-190.

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This bibliography aims at providing an overview of journal articles, edited books and monographs on Chinese law with a focus on publications in English and German. The structure of the bibliography follows the classification scheme of the leading German law bibliography „Karlsruher Juristische Bibliographie“.Classification Scheme:I. Law and Jurisprudence (Recht und Rechtswissenschaft)II. Legal and Constitutional History (Rechts- und Verfassungsgeschichte)III. Private Law (Privatrecht)1. In General (Allgemein)2. General Part of the Civil Code (Allgemeiner Teil des Zivilrechts)3. Law of Obligati

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Crocker, Angela Diane. "No Silver Bullet For Poor Legal Writing Skills - Hard Lessons From the Front Lines in the Battle Against Academic Disadvantage in a South African Law School." Potchefstroom Electronic Law Journal 21 (February 2, 2018): 1–27. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a1368.

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Many first-year students in the School of Law at the University of KwaZulu-Natal, Howard College, who have been disadvantaged by a poor primary and secondary education, exhibit poor legal writing skills. Over a period of four years, in order to address this urgent need for legal writing instruction, the School of Law introduced two successive legal writing interventions. The first intervention was the Concise Writing Programme, followed by the Integrated Skills in Context Programme. The Concise Writing Programme focused on English writing skills and grammar, in the hope that first-year law stu

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Mee, John. "Undue Influence, Misrepresentation And The Doctrine Of Notice." Cambridge Law Journal 54, no. 3 (1995): 536–44. http://dx.doi.org/10.1017/s0008197300097312.

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In a series of modern cases, the English Courts have struggled with the problem of the undue influence or misrepresentation of third parties. Most of the cases have concerned women who have been persuaded or deceived into giving guarantees to financial institutions for the business debts of their sexual partners. In the recent case of Barclays Bank p.I.e. v. O'Brien, * the House of Lords made a fresh effort to tackle this difficult issue. Lord Browne-Wilkinson, with whom the other Lords agreed, attempted “to restate the law in a form which is principled, reflects the current requirements of so

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Paterson, Sarah. "The Rise of Covenant-lite Lending and Implications for the UK’s Corporate Insolvency Law Toolbox." Oxford Journal of Legal Studies 39, no. 3 (2019): 654–80. http://dx.doi.org/10.1093/ojls/gqz020.

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Abstract This article is, so far as the author is aware, the first to examine in detail the implications of the explosion of covenant-lite loans for English corporate insolvency law. Covenant-lite loans lack certain early warning mechanisms that have traditionally been found in loans to heavily indebted borrowers. Concerns about the implications of covenant-lite loans have been raised in the broadcast and print media, and by economists and central banks in England and the United States. This is an issue that matters to us all. This article argues that covenant-lite lending means that lenders a

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Talbot, Lorraine. "Trying to save the world with company law? Some problems." Legal Studies 36, no. 3 (2016): 513–34. http://dx.doi.org/10.1111/lest.12123.

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This paper aims to unravel two connected errors in the current critical position on companies. Since the financial crisis, there have been a growing number of voices in the academic community raised against the shareholder value driven corporate sector. The often conservative and highly doctrinal voices of English company lawyers have become in parts more radicalised and have found common research ground with varied academic disciplines and with company lawyers in other jurisdictions more accustomed to critical approaches. New ideas have been forged; old ideas have been rediscovered and re-exa

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Prysiazhniuk, Oleksii. "The First English Ancient Monuments Protection Act." European Historical Studies, no. 16 (2020): 115–25. http://dx.doi.org/10.17721/2524-048x.2020.16.9.

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The advent of the first special antiquity law was preceded by a long stage of studying and organizing knowledge about historical and cultural monuments. The Ancient Monuments Protection Act of 18 August 1882 was the first of its kind by an Act of the United Kingdom of Great Britain and Ireland. The Act lists the first 68 monuments or sites that have been protected by law. The text of Act consists of 11 paragraphs. The analysis of paragraphs 2, 3 and 11 gives us the opportunity to formulate the very concept of a «monument» contained therein, as well as to consider the types of ancient monuments

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Johnston, Ron, and Charles Pattie. "The Financial Health of Political Parties in English Constituencies, 2004–05." Journal of Legislative Studies 14, no. 4 (2008): 500–516. http://dx.doi.org/10.1080/13572330802442964.

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Blachnio-Parzych, Anna, Mateusz Podhalicz, and Weronika Stawińska-Artecka. "The Right to a Court in Cases of Administrative Liability of a Penal Character in the Field of the Protection of Financial Markets and Competition in German, French and English Law." European Journal of Crime, Criminal Law and Criminal Justice 31, no. 2 (2023): 149–72. http://dx.doi.org/10.1163/15718174-bja10043.

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Abstract The right to a court (right to a fair trial) is regarded as a foundation of the rule of law. With regard to liability for offenses which do not belong to the so-called core of criminal law, the European Court of Human Rights has accepted the adjudication on this liability by an administrative authority. However, the requirement of compliance with Article 6 (1) of the European Convention on Human Rights is designed to ensure full judicial review of the administrative authority’s decision(s). The aim of the article is to examine whether and how the solutions adopted in German, French an

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Van Gerven, W. "Bridging the Unbridgeable: Community and National Tort Laws after Francovich and Brasserie." International and Comparative Law Quarterly 45, no. 3 (1996): 507–44. http://dx.doi.org/10.1017/s0020589300059340.

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It has been believed for many years, indeed centuries, that the Channel between Great Britain and Continental Europe could be crossed only by boat. This belief has come to an end, albeit—at least for the time being—at a price which does not allow huge financial investments to be turned into a profit. The belief that in the legal field differences between English or Anglo-American common law and French and German—or, rather, Romanistic and Germanistic—legal systems are unbridgeable (or should I say “un-chunnelable”?) is even more widespread. That is the subject of this article: to show that dif

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Awuku, Ameyo S. "French influence on English in Togo." English Today 31, no. 3 (2015): 22–27. http://dx.doi.org/10.1017/s0266078415000218.

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This paper looks at English language use in law discourse and particularly in university classrooms in Togo. Togo makes extensive use of the English language despite the fact that it is a francophone country. English is taught in almost all public institutions, except for primary schools. Financial institutions, such as banks, make extensive use of English. This is evidenced at first glance at the large computer screens positioned at the entrances to these institutions. At the Université de Lomé alone, there are several ESP (English for Specific Purposes) programs. Each of the five faculties (

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Kalmykova, Elena. "Impeachment in the Medieval English Parliament." ISTORIYA 14, no. 7 (129) (2023): 0. http://dx.doi.org/10.18254/s207987840026926-7.

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This article explores four cases of impeaching high officials of the Kingdom of England. The first impeachment occurred in 1376 and was legally codified in 1383 and 1386. The law however was not used again until 1450. After another long break, impeachment was properly developed in the Stuart period and from 1621 it became an effective tool of confronting the abuses of power by royal favourites, ministerial misgovernance and other forms of damage done to the king and the kingdom. While demanding the punishment of guilty individuals, the members of the Parliament insisted not only on the financi

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Mackenzie, Robin. "Virtual Money, Vanishing Law: Dematerialisation in Electronic Funds Transfer, Financial Wrongs and Doctrinal Makeshifts in English Legal Structures." Journal of Money Laundering Control 2, no. 1 (1998): 22–32. http://dx.doi.org/10.1108/eb027167.

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