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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…

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

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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.

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

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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…

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

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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…

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

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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…

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

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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…

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

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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…

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

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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…

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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Article
Publication date: 9 March 2015

Abu Seman Anasyida and Mohd Sharif Nurulakmal

This study aims to develop and evaluate an inexpensive and durable metal cutting wheel using thermal spraying and polymer binding to enhance the wheel’s cutting capability…

Abstract

Purpose

This study aims to develop and evaluate an inexpensive and durable metal cutting wheel using thermal spraying and polymer binding to enhance the wheel’s cutting capability by bonding hard particles (abrasives) onto the wheel.

Design/methodology/approach

Thermal spraying was used to deposit the coating powder (chromium and silicon carbide) onto high carbon substrate. Wear loss and depth of cut as function of load, time and speed were evaluated on uncoated and coated wheel.

Findings

The coated cutting wheel performed better than the uncoated cutting wheel in terms of wear performance. However, the coated cutting wheel experienced coating peel off at higher load and cutting speed, leading to a decrease in wear resistance of the cutting wheel. Thus, optimally cutting should be performed either at low cutting speed and high load or at high cutting speed and low load to prolong the wheel’s lifetime.

Originality/value

The outcome of the study will be beneficial for academicians and industrial working on cutting wheel process.

Details

Industrial Lubrication and Tribology, vol. 67 no. 2
Type: Research Article
ISSN: 0036-8792

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Article
Publication date: 6 April 2010

Ahmet Suayb Gundogdu

The purpose of this paper is to show a creative way to fulfill financing needs of entities involved in pre‐ and post‐harvest production activities in extreme cases while…

Abstract

Purpose

The purpose of this paper is to show a creative way to fulfill financing needs of entities involved in pre‐ and post‐harvest production activities in extreme cases while mitigating inherent risks by Islamic structured trade finance from the real‐life case of cotton production in Burkina Faso.

Design/methodology/approach

The existing Islamic structured finance design for SOFITEX was analyzed in details so as to provide clear understanding of the subject matter. This structure was evaluated and a new design is proposed to better accommodate the financing need of SOFITEX.

Findings

There are some inherent drawbacks, explained in details, of the existing Islamic finance structure. Salam contract for pre‐harvest input financing in favor of farmers can, unlike existing structure, accommodate the complete supply chain financing solution, hence, support the whole production cycle from input procurement to the exports of cotton fiber. That is, it fits better for financing the agricultural sector.

Research limitations/implications

The case and the structure studied in depth are limited to the cotton sector. This could be widened in subsequent researches.

Practical implications

Islamic finance instruments provide us enough room to fulfill financing needs in extreme cases as a better alternative to conventional financing tools. A method of mark‐up calculation for structured cotton trade finance is developed for Murabaha and Salam contracts.

Originality/value

The paper sheds new light on how to finance the agricultural sector starting from input procurement to the sale/export by Islamic finance instruments. It also shows how to get guarantees in the form of commodities in warehouse rather than bank guarantees, mortgage, sovereign guarantees, etc.

Details

International Journal of Islamic and Middle Eastern Finance and Management, vol. 3 no. 1
Type: Research Article
ISSN: 1753-8394

Keywords

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