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Book part
Publication date: 23 October 2009

Matthias Kelly

In the common law of the United 1Kingdom the objective of any award of damages in personal injuries litigation is to achieve as nearly as possible full compensation for the…

Abstract

In the common law of the United 1Kingdom the objective of any award of damages in personal injuries litigation is to achieve as nearly as possible full compensation for the claimant in respect of the injury sustained.2 To achieve that objective the court seeks to award such sum as is notionally required to be laid out in the purchase of an annuity which will provide an annual amount equivalent to the loss for the whole period of the loss.3 The basis of the calculation is an assumed annuity. The court makes an assumption about how the award will be invested.4 Lord Fraser of Tullybelton in Cookson v. Knowles 5 put it thus:The assumed annuity will be made up partly of income on the principal sum awarded, and partly of capital obtained by gradual encroachment of the principal. The income element will be at its largest at the beginning of the period and will tend to decline, while the capital element will tend to increase until the principal is exhausted.The court is not, in fact, concerned with how the award will be spent:How the Plaintiffs will in fact invest their damages is, of course, irrelevant. That is a question for them. It cannot affect the calculation.6

Details

Personal Injury and Wrongful Death Damages Calculations: Transatlantic Dialogue
Type: Book
ISBN: 978-1-84855-302-6

Article
Publication date: 10 August 2012

Marjorie Armstrong‐Stassen, Francine Schlosser and Deborah Zinni

This study aims to employ a resource‐oriented theoretical perspective to examine retirees' desire to return to their former organization.

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Abstract

Purpose

This study aims to employ a resource‐oriented theoretical perspective to examine retirees' desire to return to their former organization.

Design/methodology/approach

Using a cross‐sectional field study design, data were collected from 243 retirees under 65 years of age who had been retired from a career job less than ten years.

Findings

Regression results indicate that retirees who had experienced financial and pervasive role loss as well as retirees who perceived a higher fit with their former organization and the availability of desired job role options expressed significantly greater interest in returning. Retirees who experienced gains in leaving work as well as gains in their life satisfaction following retirement reported significantly less interest in returning to their former organization.

Research limitations/implications

The cross‐sectional design and self‐report data create a potential for bias. Even though the findings are based on respondents' “interest” in returning to their former organization, it is not known if they actually did return.

Practical implications

Programs should focus on creating an environment that values older workers, and provides them with opportunities such as mentoring other workers.

Social implications

Policy changes are needed to ensure that returning to work following retirement results in resource gains and not resource losses.

Originality/value

This study uses resource theory with a diverse sample of retirees and considers their desire to return to their original employers, thus adding value to human resources and management who wish to retain or re‐engage their own knowledgeable retirees.

Details

Journal of Managerial Psychology, vol. 27 no. 6
Type: Research Article
ISSN: 0268-3946

Keywords

Article
Publication date: 1 January 1991

J.R. Carby‐Hall

In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show…

Abstract

In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show that he has been dismissed (stage one), and some of the reasons for dismissal which fall within the statutory categories, namely the employee's capability and qualifications; misconduct and redundancy (part of stage two). In this monograph an analysis is proposed on the two remaining reasons, these being the contravention of a duty imposed by an enactment and some other substantial reason. There will then follow a discussion on the test of fairness as constituting the third of the three stage process and on the remedies available when the tribunal finds that the employee has been unfairly dismissed.

Details

Managerial Law, vol. 33 no. 1/2/3
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 June 2001

Jo Carby Hall

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an…

Abstract

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an analysis and appraisal. Considers, first, information and consultation rights with regards to the transfer of undertakings and redundancies, followd by the right to collective action and, lastly, protection in the event of unjustifiable dismissal. Presents case law throughout as examples. Concludes that the UK has attempted to prevent social and economic rights for workers from being included in the final charter despite fierce opposition. Compares this view together with the UK suspicion of Europe against the views of the other member states.

Details

Managerial Law, vol. 43 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 August 1969

Reid, Morris of Borth‐y‐Gest, Pearce, Wilberforce and Pearson

February 5, 1969 Damages — Personal injuries — Assessment — Pension — Compulsory contribution — Police pension fund — Policeman disabled in accident — Assessment of lost earnings…

Abstract

February 5, 1969 Damages — Personal injuries — Assessment — Pension — Compulsory contribution — Police pension fund — Policeman disabled in accident — Assessment of lost earnings and pension rights — Whether pension deductible.

Details

Managerial Law, vol. 6 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 16 January 2024

Călin Mihail Rangu, Leonardo Badea, Mircea Constantin Scheau, Larisa Găbudeanu, Iulian Panait and Valentin Radu

In recent years, the frequency and severity of cybersecurity incidents have prompted customers to seek out specialized insurance products. However, this has also presented…

Abstract

Purpose

In recent years, the frequency and severity of cybersecurity incidents have prompted customers to seek out specialized insurance products. However, this has also presented insurers with operational challenges and increased costs. The assessment of risks for health systems and cyber–physical systems (CPS) necessitates a heightened degree of attention. The significant values of potential damages and claims request a solid insurance system, part of cyber-resilience. This research paper focuses on the emerging cyber insurance market that is currently in the process of standardizing and improving its risk analysis concerning the potential insured entity.

Design/methodology/approach

The authors' approach involves a quantitative analysis utilizing a Likert-style questionnaire designed to survey cyber insurance professionals. The authors' aim is to identify the current methods used in gathering information from potential clients, as well as the manner in which this information is analyzed by the insurers. Additionally, the authors gather insights on potential improvements that could be made to this process.

Findings

The study the authors elaborated it has a particularly important cyber and risk components for insurance area, because it addresses a “niche” area not yet proper addressed in specialized literature – cyber insurance. Cyber risk management approaches are not uniform at the international level, nor at the insurer level. Also, not all insurers can perform solid assessments, especially since their companies should first prove that they are fully compliant with international cyber security standards.

Research limitations/implications

This research has concentrated on analyzing the current practices in terms of gathering information about the insured entity before issuing the cyber insurance policy, level of details concerning the cyber security posture of the insured entity and way such information should be analyzed in a standardized and useful manner. The novelty of this research resides in the analysis performed as detailed above and the proposals in terms of information gathered, depth of analysis and standardization of approach made. Future work on the topic can focus on the standardization process for analyzing cyber risk for insurance clients, to improve the proposal based also on historical elements and trends in the market. Thus, future research can further refine the standardization process to analyze in more depth the way this can be implemented and included in relevant legislation at the EU level.

Practical implications

Proposed improvements include proposals in terms of the level of detail and the usefulness of an independent centralized approach for information gathering and analysis, especially given the re-insurance and brokerage activities. The authors also propose a common practical procedural approach in risk management, with the involvement of insurance companies and certification institutions of cyber security auditors.

Originality/value

The study investigates the information gathered by insurers from potential clients of cyber insurance and the way this is analyzed and updated for issuance of the insurance policy.

Details

The Journal of Risk Finance, vol. 25 no. 2
Type: Research Article
ISSN: 1526-5943

Keywords

Article
Publication date: 1 December 1995

Adele Sinclair and Neil Botten

The last two years have seen radical changes in the way thatindustrial tribunals assess compensation in discrimination cases in theUK. Examines the special circumstances which…

2581

Abstract

The last two years have seen radical changes in the way that industrial tribunals assess compensation in discrimination cases in the UK. Examines the special circumstances which have led to the end of compensation limits in these cases. Focuses particularly on the awards made to ex‐servicewomen who were dismissed by the Ministry of Defence on account of pregnancy and the new approach to the calculation of compensation adopted by the Employment Appeal Tribunal. Examines the influence which European law is having on such awards, and discusses the effect which these recent developments are likely to have on future compensation payments.

Details

Employee Relations, vol. 17 no. 8
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 1 April 2006

E.R. Venter and M. Stiglingh

South African companies have, in the past, not recognised an asset for unused Secondary Tax on Companies (“STC”) credits. AC 501, Accounting for “Secondary Tax on Companies…

Abstract

South African companies have, in the past, not recognised an asset for unused Secondary Tax on Companies (“STC”) credits. AC 501, Accounting for “Secondary Tax on Companies (STC)”, which is effective for annual periods beginning on or after 1 January 2004, now requires South African companies to recognise a deferred tax asset for unused STC credits, to the extent that it is probable that an entity will declare dividends of its own, against which the unused STC credits can be utilised. In terms of AC 501 and IAS 12 (AC 102), Income Taxes (the local and international accounting standard on income taxes), the recognition of a liability to pay STC has to be postponed until the declaration of a dividend. Some accounting commentators have indicated that they find it anomalous to recognise a deferred tax asset in respect of unused STC credits, while no liability is recognised for the STC that would be payable on the future distribution of retained earnings. The objective of the study is to consider whether it is conceptually anomalous to recognise a deferred tax asset for unused STC credits while no liability is raised for the STC that would become payable on future dividend declarations on profits already recognised in the financial statements. The study concludes that it is conceptually anomalous to recognise a deferred tax asset for unused STC credits when no corresponding liability is raised.

Details

Meditari Accountancy Research, vol. 14 no. 1
Type: Research Article
ISSN: 1022-2529

Keywords

Article
Publication date: 28 March 2023

Abdelkader Daghfous, Noha Tarek Amer, Omar Belkhodja, Linda C. Angell and Taisier Zoubi

Job market shifts, such as workforce mobility and aging societies, cause the exit of knowledgeable personnel from organizations. The ensuing knowledge loss (K-loss) has broad…

Abstract

Purpose

Job market shifts, such as workforce mobility and aging societies, cause the exit of knowledgeable personnel from organizations. The ensuing knowledge loss (K-loss) has broad negative effects. This study analyzes the knowledge management literature on K-loss published from 2000 to 2021 and identifies fruitful directions for future research.

Design/methodology/approach

The authors conduct a systematic literature review of 74 peer-reviewed articles published between 2000 and 2021. These articles were retrieved from ProQuest Central, Science Direct, EBSCOhost and Emerald databases. The analysis utilizes Jesson et al.’s (2011) six principles: field mapping, comprehensive search, quality assessment, data extraction, synthesis and write-up.

Findings

Three sub-topics emerge from the systematic literature review: K-loss drivers, positive and negative impacts of K-loss and mitigation strategies. Over half of the literature addresses mitigation strategies and provides solutions for K-loss already in progress, rather than proposing preventive measures.

Research limitations/implications

This study has limitations related to the time span covered. Moreover, it focuses on articles published in refereed journals. Therefore, important contributions from conference papers, books and professional reports were excluded.

Originality/value

This research comprehensively synthesizes the K-loss literature and proposes future avenues of research to address under-investigated areas and potentially lead to theoretical and empirical advancements in the field. This study also provides suggestions for improving managerial practices.

Details

Journal of Enterprise Information Management, vol. 36 no. 4
Type: Research Article
ISSN: 1741-0398

Keywords

Article
Publication date: 1 April 1966

M.E. Horsley

In a recent article some simple combustion experiments performed on a Hilton Combustion Unit were described (see p 419, September 1965 issue). Since then the manufacturers have…

Abstract

In a recent article some simple combustion experiments performed on a Hilton Combustion Unit were described (see p 419, September 1965 issue). Since then the manufacturers have been persuaded to fit a combination burner (able to burn liquid and/or gaseous fuels) as standard in future units.

Details

Education + Training, vol. 8 no. 4
Type: Research Article
ISSN: 0040-0912

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