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Article
Publication date: 15 February 2021

Sirajo Yakubu

The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones…

Abstract

Purpose

The purpose of this paper is to show how fighting financial crime suffered a setback in Nigeria as a result of the Supreme Court ruling in an appeal case – Ude Jones Udeogu v FRN and Ors no SC. 622C/2019.

Design/methodology/approach

This paper is a critical analysis of the implication of Supreme Courts’ ruling in Ude Udeogu Jones, its implication to law enforcement’s effort in fighting financial crime and the way to get around the ruling. The paper adopts qualitative methods. It is conducted through the analysis of the ruling and the relevant laws.

Findings

Due to the ruling in UdeUdeogu Jones, Section 396(7) of the Administration of Criminal Justice Act 2015 is no longer good law. Federal High Court judges elevated to the Court of Appeal no longer have special dispensation to conclude criminal cases they part heard. Furthermore, the ruling is a serious setback on the law enforcement’s efforts in fighting corruption. However, the drastic effect of the ruling can be mitigated by amending Section 396(7).

Research limitations/implications

Because the ruling is very recent, analysis is based on the relevant enactments and case laws including recent decisions of the Court of Appeal and the Supreme Court.

Originality/value

There is no comprehensive work on this ruling. Therefore, this paper adds value to knowledge as it makes clear the background of the appeal case, as well as the impact of the ruling of the Supreme Court on fighting financial crime in Nigeria and the way to get around the ruling.

Details

Journal of Financial Crime, vol. 28 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 25 November 2020

Alan R. Friedman, Dani R. James, Gary P. Naftalis, Paul H. Schoeman and Chase Henry Mechanick

To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.

Abstract

Purpose

To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.

Design/Methodology/Approach

Provides context on the history of disgorgement in SEC enforcement proceedings; discusses factual and procedural background underlying the Liu decision; summarizes the Court’s opinion and rationale, with a particular focus on the Court’s pronouncements regarding the permissible scope of SEC disgorgement as an equitable remedy; identifies and explores three possible issues in insider trading cases that may be affected by the Court’s narrowing of SEC disgorgement.

Findings

In Liu, the Supreme Court narrowed SEC disgorgement by stating that, as a general matter, SEC disgorgement is not permitted where: (1) the proceeds are not remitted to investors; (2) one defendant is made to disgorge profits that were received by someone else; or (3) the amount of disgorgement fails to deduct legitimate business expenses, in each case subject to possible exemptions as outlined by the Court.

Practical implications

This rule may call into question whether courts may: (a) order disgorgement against insider traders, given the difficulty of identifying investors who have been harmed; (b) order insider traders to disgorge profits earned by others on account of their violations; or (c) order insider traders to pay civil penalties under Section 21 A of the Exchange Act based on profits earned by others.

Originality/Value

Expert analysis and guidance from experienced securities enforcement lawyers with expertise in insider trading.

Details

Journal of Investment Compliance, vol. 21 no. 1
Type: Research Article
ISSN: 1528-5812

Keywords

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Article
Publication date: 1 November 1972

M.R. Denning, L.J. Buckley and L.J. Roskill

June 16,1972 Industrial relations — National Industrial Relations Court — Contempt — Committal for — Whether breach of court's order to be proved with same strictness as…

Abstract

June 16,1972 Industrial relations — National Industrial Relations Court — Contempt — Committal for — Whether breach of court's order to be proved with same strictness as in High Court — Whether court may proceed against contemnor on own initiative — Official Solicitor — Powers and duties on behalf of alleged contemnor — Industrial Relations Act, 1971 (c. 72), Sch. 3, para. 27 (1) (a).

Details

Managerial Law, vol. 13 no. 2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 30 March 2012

Philip Antino

The purpose of this paper is to consider the procedures under section 17 of the Party Wall etc. Act 1996 (“The Act”) for enforcement proceedings to recover an awarded sum…

Abstract

Purpose

The purpose of this paper is to consider the procedures under section 17 of the Party Wall etc. Act 1996 (“The Act”) for enforcement proceedings to recover an awarded sum. This paper will demonstrate that the procedure is unclear and confusing to the party wall surveyors, the magistrates, the county court officers and the legal profession who express conflicting views on the appropriate method of enforcement. The intent of this paper is to examine and explain the procedures that will allow the recovery of costs and other contingencies, as a civil debt within the Magistrates’ Court, with a comparison of the more traditional route of the County Court.

Design/methodology/approach

The author has reviewed the relevant sections of the statutory acts and the limited publications that discuss and promote various methods of enforcement of actions that have been awarded and are recoverable summarily as a civil debt. Accordingly, the options to enforce payment within the magistrates’ and county courts will be considered, explained, and discussed within this paper.

Findings

This paper makes a contribution to the limited existing literature and theoretical interpretation of section 17 of the Party Wall etc. Act 1996, to provide a framework for considering the procedures and principles necessary to enforce payment of costs awarded under the Act. The paper makes a comparative analysis of the differences between the two recognised approaches and explains why a particular method (the Magistrates’ Court) will normally be the preferred option.

Originality/value

The paper demonstrates that there is confusion surrounding the appropriate method of enforcement, and provides a structured and detailed explanation of the appropriate method of enforcement.

Details

Structural Survey, vol. 30 no. 1
Type: Research Article
ISSN: 0263-080X

Keywords

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Article
Publication date: 1 November 2005

Peter French

Peter French has worked as a police officer and chief inspector for over 30 years. His experience in dealing with drug‐related crimes and a recent visit to the States has…

Abstract

Peter French has worked as a police officer and chief inspector for over 30 years. His experience in dealing with drug‐related crimes and a recent visit to the States has convinced him that the UK needs more, not less, criminal justice interventions. Drug Courts, he argues, increase treatment retention and offer greater flexibility to help people stay the course. Though they work for the US, with up to 75% success rates, will they work for the UK? Find out why Peter French thinks they will, with bells on.

Details

Drugs and Alcohol Today, vol. 5 no. 3
Type: Research Article
ISSN: 1745-9265

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Article
Publication date: 30 November 2012

Alison Brammer

This paper aims to summarize the work of the Court of Protection.

Abstract

Purpose

This paper aims to summarize the work of the Court of Protection.

Design/methodology/approach

The paper outlines the history and range of applications within the jurisdiction of the Court, drawing from the Mental Capacity Act and the Code of Practice. Reference is made to annual reports of the work of the court which profile its workload. Finally there is a review of a line of case law dealing with the question of media attendance and reporting of cases before the court.

Findings

The Court in its current form was established under The Mental Capacity Act, 2005 and is a significant decision‐making body in the UK within adult safeguarding practice concerning adults whose decision‐making capacity is impaired. The implications of several specific cases are discussed.

Originality/value

This paper provides a unique insight into the work of the Court of Protection and the implications of recent decisions by the Court for adult safeguarding.

Details

The Journal of Adult Protection, vol. 14 no. 6
Type: Research Article
ISSN: 1466-8203

Keywords

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Article
Publication date: 8 March 2011

Graeme Newell, Nelson Chan and Evan Goodridge

This paper aims to assess all compulsory land acquisition court decisions in Australia over 1985‐2009 to provide a risk assessment and compensation analysis involved in…

Abstract

Purpose

This paper aims to assess all compulsory land acquisition court decisions in Australia over 1985‐2009 to provide a risk assessment and compensation analysis involved in proceeding to court for compulsory land acquisition cases.

Design/methodology/approach

Using the AustLII legal database, every publicly available compulsory land acquisition court case decision in Australia over 1985‐2009 is assessed. These 58 court cases are assessed for claim, offer and judgment value.

Findings

A total of 91.4 percent of compulsory land acquisition court cases over 1985‐2009 were found to be successful in achieving a judgment value of at least that of the offer. The median judgment value for successful cases was 60 percent higher than the offer value, while for unsuccessful cases it was 68 percent lower than the offer value. Successful smaller judgments (<$2 million) generated more upside compensation (median of 66 percent) than larger judgments (>$2 million) (median 41 percent upside compensation). Appealed cases were found to be only 28.6 percent successful, with only a maximum of 5.6 percent additional compensation achieved.

Practical implications

This paper provides a rigorous empirical risk assessment and compensation analysis for compulsory land acquisition court cases in Australia over the last 25 years. This provides an effective tool for dispossessed property owners, statutory acquirers and their professional legal and valuation advisors for more informed compulsory land acquisition court case decision making.

Originality/value

Using all compulsory land acquisition court decisions in Australia over the last 25 years, this paper is the first attempt internationally to rigorously and empirically conduct a risk assessment and compensation analysis involved with proceeding to court for compulsory land acquisition cases. Given the significance of the compulsory land acquisition process, this empirically validated research enables a more informed and critical understanding of the risk factors and compensation outcomes attached to the compulsory land acquisition court case judgment process.

Details

Journal of Property Investment & Finance, vol. 29 no. 2
Type: Research Article
ISSN: 1463-578X

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Article
Publication date: 15 August 2008

Cheryl Kelly Fischer

The purpose of this article is to provide non‐law librarians with two strategies for quickly helping millennials with online US Supreme Court research. The first strategy…

Abstract

Purpose

The purpose of this article is to provide non‐law librarians with two strategies for quickly helping millennials with online US Supreme Court research. The first strategy is to locate law‐librarian authored online research guides on the topic. The second strategy is to jump straight into one of the many free online databases that contain US Supreme Court opinions.

Design/methodology/approach

The article demonstrates the abundance of academic law‐librarian authored legal research guides available on the internet and explains how to evaluate them. Additionally, the article provides examples of many free online databases that allow searching, browsing and retrieval of full‐text US Supreme Court opinions.

Findings

Millennials looking for US Supreme Court opinions expect to be provided with digital research resources. Online legal research guides can help librarians find the latest online databases with full‐text US Supreme Court opinions. Widespread internet access to the entire run of US Supreme Court opinions is a very recent phenomenon. But today, several new web sites have made the entire run of US Supreme Court opinions available for free, vastly improving librarians' ability to meet millennials' expectations of immediate access to full‐text resources online.

Originality/value

This article provides librarians with two strategies for quickly helping millennials with online US Supreme Court research.

Details

Reference Services Review, vol. 36 no. 3
Type: Research Article
ISSN: 0090-7324

Keywords

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Article
Publication date: 1 December 1996

John Groocock

Reports that English courts are in disarray because of gross inefficiency and excessive costs. Proposes that, it would be easier to privatize the courts, which could be…

Abstract

Reports that English courts are in disarray because of gross inefficiency and excessive costs. Proposes that, it would be easier to privatize the courts, which could be broken up into small, fully competitive units, than the already privatized capital‐intensive utilities. Illustrates how this could be done for the civil courts, resulting in major cost savings. The nationalized courts do not include any formal quality assurance system and publish no quality statistics to the public as do the education, health, water industries, etc. An effective, cost‐efficient quality assurance system would be essential for privatized courts. Details one way in which this could be achieved and the quality data it would produce.

Details

The TQM Magazine, vol. 8 no. 6
Type: Research Article
ISSN: 0954-478X

Keywords

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Article
Publication date: 1 June 2002

Polonca Koncar

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they…

Abstract

Outlines the present system of labour and social disputes settlement in Slovenia. Looks at the construction of the courts, precedural aspects and the areas which they govern. Provides some suggestions for improvement and change. Considers alternative methods of dispute settlement and the impact of the European convention on Human Rights.

Details

Managerial Law, vol. 44 no. 3
Type: Research Article
ISSN: 0309-0558

Keywords

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