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1 – 10 of 10The appellant, Leonard Gibson, was found guilty of the acquisition, possession or use of proceeds of criminal conduct contrary to s. 93B of the Criminal Justice Act 1988 (inserted…
Abstract
The appellant, Leonard Gibson, was found guilty of the acquisition, possession or use of proceeds of criminal conduct contrary to s. 93B of the Criminal Justice Act 1988 (inserted by s. 30 of the Criminal Justice Act 1993), and sentenced to nine months' imprisonment suspended for two years. The relevant provisions of s. 93B of the Act are:
Beldam LJ, Potter LJ and J Balcombe
This was an appeal from an earlier decision of the Queens Bench Divisional Court in R v Investors Compensation Scheme ex parte Gerald Taylor (judgment date 29th November, 1996…
Abstract
This was an appeal from an earlier decision of the Queens Bench Divisional Court in R v Investors Compensation Scheme ex parte Gerald Taylor (judgment date 29th November, 1996) which has already been considered in this journal (see ‘Timing was crucial for ICS claim’, Vol. 5(2), Journal of Financial Regulation and Compliance 1997 at p. 178).
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The law of passing‐off concerns itself primarily with the protection of a trader's goodwill — his customer connection. It has proved itself an expansive tort action, being used to…
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The law of passing‐off concerns itself primarily with the protection of a trader's goodwill — his customer connection. It has proved itself an expansive tort action, being used to combat a diverse variety of commercial dishonesty and unfair competition. In the leading case of ERVEN WARNINK BV v J. TOWNEND & SONS (HULL) (‘the Advocaat case’) [1980] RPC 31, Lord Diplock observed:
Mr Samuel Antonelli, the appellant, was a property agent, who accepted that he was conducting an estate agent's business in the UK until 1985. Earlier in his life he had worked in…
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Mr Samuel Antonelli, the appellant, was a property agent, who accepted that he was conducting an estate agent's business in the UK until 1985. Earlier in his life he had worked in the realty business in Detroit. There in the recorder's court he was convicted in 1973 of the crime of burning real estate other than a dwelling house between 1st and 8th December, 1971, an offence contrary to Ch. 750, s. 73 of the Michigan Criminal Law Act. On 12th June he was ordered to serve between 2.5 and ten years' imprisonment for that offence. He did not serve the sentence but left for Israel and from there came to the UK. He did not return to serve his sentence.
Fraud is not yet universally recognised or understood as a crime, in the way that theft is. All sectors of our society recognise shoplifting as a crime, whereas an exaggerated…
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Fraud is not yet universally recognised or understood as a crime, in the way that theft is. All sectors of our society recognise shoplifting as a crime, whereas an exaggerated insurance claim tends to be seen more as a matter of personal morality than public law and order.
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
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In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
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…
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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.
The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three…
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The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three distinct aspects. The first will treat the comparatively new and evolving common law implied term in corporated into the contract of employment relating to the enterprise’s social responsibility of respect towards the employee. The second will analyse an other generically linked recent common law development in the field of the enterprise’s social responsibility of respect towards the employee, namely the implied over‐riding term. Thirdly, the novel and developing wider concept of corporate social responsibility will be addressed and assessed. Some concluding thoughts will follow.
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