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1 – 10 of 437
Article
Publication date: 10 April 2017

Sophie Childs, Tilak A. Ginige and Hannah Pateman

Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin), Welwyn Hatfield Council v. Secretary of State for Communities and Local

5477

Abstract

Purpose

Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin), Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2010] EWCA Civ 26 and Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2011] UKSC 15 (Beesley hereafter) and Fidler v. Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin), Fidler v. Secretary of State for Communities and Local Government [2011] EWCA civ 1159 (Fidler hereafter) are two recent cases concerning deliberately concealed breaches of planning control. The defendants engaged in dishonest and misleading conduct, in an attempt to rely on a loophole within Section 171B of the Town and Country Planning Act 1990 (T&CPA). This study aims to critically analyse two solutions which were created to close the loophole; in addition, this study analyses various alternative remedies that have been suggested, and finally, whether the present law has been sufficient to remedy the situation.

Design/methodology/approach

The T&CPA is a key piece of legislation regulating planning controls; Section 171A-C provides the time limits for taking enforcement action against a breach of planning control. To achieve the above purpose, an evaluation of those provisions will be undertaken in detail. Subsequently, this study will analyse two solutions which were created to close the loophole; firstly, the Supreme Court (SC) decision (Welwyn Hatfield Borough Council v. Secretary of State for Communities and Local Government [2011] UKSC 15) and, secondly, the governments’ decision to amend the T&CPA without awaiting the SC’s decision[1].

Findings

This research concludes that the government should have awaited the SC’s decision before amending statute to prohibit reliance upon the expiration of time where there is an element of deliberate concealment. Additionally, this study suggests that the statutory amendments were not required in light of the SC’s solution in Beesley. As a result of the governments’ ill-considered decision, uncertainty has permeated through the conveyancing process, causing ambiguity, delays and additional expense in transactions at a time when a precarious property market needs anything but uncertainty.

Research limitations implications

The scope of this research is limited to deliberate concealment of breaches of planning control and the four-year enforcement period; whilst considering the consequences of the solutions proposed, this study does not provide a detailed overview of the planning system, but rather assumes prior knowledge.

Originality/value

This study offers a unique assessment of the law relating to the deliberate concealment of planning breaches and offers a thorough criticism of the law with recommendations for reform. Additionally, a variety of alternative solutions are considered. Both legal academics, planning professionals and those interested in planning law will find the paper a thought-provoking digest.

Details

International Journal of Law in the Built Environment, vol. 9 no. 1
Type: Research Article
ISSN: 1756-1450

Keywords

Content available
Article
Publication date: 1 October 2001

Geoff Waterson and Rosalind Lee

68

Abstract

Details

Property Management, vol. 19 no. 4
Type: Research Article
ISSN: 0263-7472

Article
Publication date: 23 November 2018

Merlin Stone, Eleni Aravopoulou, Geraint Evans, Esra Aldhaen and Brett David Parnell

This paper reviews the literature on information mismanagement and constructs a typology of misinformation that can be applied to analyse project planning and strategic planning…

1329

Abstract

Purpose

This paper reviews the literature on information mismanagement and constructs a typology of misinformation that can be applied to analyse project planning and strategic planning processes to reduce the chances of failure that results from information mismanagement. This paper aims to summarize the research on information mismanagement and provide guidance to managers concerning how to minimize the negative consequences of information mismanagement and to academics concerning how to research and analyse case studies that might involve information mismanagement.

Design/methodology/approach

Literature review accompanied by conceptual analysis.

Findings

Information mismanagement is widespread in organizations, so all those involved in managing and researching them need to be far more aware of the damage that can be done by it.

Research limitations/implications

The research is based on the Western society (Europe and North America). The same research should be carried out in other parts of the world. Also, all the case studies could usefully be investigated in more depth to apply the taxonomy.

Practical implications

Managers should be much more aware of their own and others’ tendencies to mismanage information to their own benefit.

Social implications

Stakeholders in public sector activities, including citizens, should be much more aware of the tendency of the government and the public sector to mismanage information to justify particular policy approaches and to disguise failure.

Originality/value

The taxonomy on information mismanagement is original, as is its application to project planning and strategic decision-making.

Details

The Bottom Line, vol. 32 no. 1
Type: Research Article
ISSN: 0888-045X

Keywords

Article
Publication date: 5 July 2013

Paul A. Watters

A key problem in money laundering investigations based on open source intelligence gathering is the performance (efficiency and accuracy) of people in the team, where suspects…

Abstract

Purpose

A key problem in money laundering investigations based on open source intelligence gathering is the performance (efficiency and accuracy) of people in the team, where suspects will typically try to conceal incriminating evidence or deliberately deceive investigators to avoid prosecution. If we are able to develop a suitable psychological model of deception for web‐based investigations, it should be possible to develop training programmes to improve investigators' ability to “see beyond” deliberate concealment. The purpose of this paper is to empirically test a model based on non‐linear system identification using a well‐known psychological phenomenon (the Stroop effect), where conflicting colour and text information is presented to subjects which they are instructed to process in a certain way.

Design/methodology/approach

The paper uses an experimental approach.

Findings

The results indicate that strategies for improving investigator information processing performance can benefit from models that incorporate both linear and non‐linear components.

Originality/value

Although the Stroop effect is well known, no other papers have investigated how it may be used to evaluate and monitor the performance of investigators. The real value of this study will emerge when tools are developed to better train investigators to identify concealment within conflicting input data.

Details

Journal of Money Laundering Control, vol. 16 no. 3
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 1 December 1996

Monica Dawson and Janine Midgley‐Hunt

Explains that Limitation of Actions is extended where there are latent defects by s.14A of the Limitation Act 1980. Notes that, in relation to negligent surveys, the recent case…

520

Abstract

Explains that Limitation of Actions is extended where there are latent defects by s.14A of the Limitation Act 1980. Notes that, in relation to negligent surveys, the recent case of Spencer Ward and another v. Humberts gives an interesting example of how the courts construe the meaning of knowledge within the Act which starts the three‐year period running in cases of latent defect. Explores the courts’ interpretation of relevant parts of the Act, and suggests that the courts’ attitude in recent cases may be erring on the side of the professional and draws property managers to the practical implications of this.

Details

Property Management, vol. 14 no. 4
Type: Research Article
ISSN: 0263-7472

Keywords

Article
Publication date: 12 March 2024

Bai Liu, Tao Ju, Jiarui Lu and Hing Kai Chan

This research investigates whether focal firms employ strategic supply chain information disclosure, focusing on the concealment of supplier and customer identities, as part of…

Abstract

Purpose

This research investigates whether focal firms employ strategic supply chain information disclosure, focusing on the concealment of supplier and customer identities, as part of their supply chain environmental risk management strategies (supplier sustainability risk and customer loss risk, respectively).

Design/methodology/approach

Using a panel dataset of Chinese listed firms from 2009 to 2019 and utilizing the suppliers’ environmental punishment of peer firms (peer events) as an exogenous shock and employing ordinary least squares (OLS) estimation, this study conducts a regression analysis to test how focal firms disclose the identities of their suppliers and customers.

Findings

Our results indicate that focal firms prefer to hide the identities of their suppliers and customers following the environmental punishment of peer firms’ suppliers. In addition, supplier concentration weakens the effect of withholding supplier identities, whereas customer concentration strengthens the effect of hiding customer identities. Mechanism analysis shows that firms hide supplier identities to avoid their reputation being affected and hide customer identities to prevent the deterioration of customers’ reputations and thus impact their market share.

Originality/value

Our study reveals that reputation spillover is another crucial factor in supply chain transparency. It is also pioneering in applying the anonymity theory to explain focal firms’ information disclosure strategy in supply chains.

Details

International Journal of Operations & Production Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0144-3577

Keywords

Abstract

Details

Criminal Justice Responses to Maternal Filicide: Judging the failed mother
Type: Book
ISBN: 978-1-83909-621-1

Article
Publication date: 19 May 2021

Nurbazla Ismail, Zulfakar Ramlee and Afridah Abas

There is a broad description of fraud debated by academics around the world. The definition of fraud differs between governments, criminal justice departments and private…

Abstract

Purpose

There is a broad description of fraud debated by academics around the world. The definition of fraud differs between governments, criminal justice departments and private entities. Some questions can make this study important to explain the concept of fraud. This study aims to define the legal concept of fraud. The concept of a word is important to discuss because it explains the meaning of a word and that could answer the question on Macau scam – a fraud?

Design/methodology/approach

The content analysis is the research design of this study. Data were obtained by document analysis, including books, papers, journals, case reports and other records relating to fraud. The methods used to interpret the data for this qualitative research are empirical, deductive and inductive.

Findings

This study found that the concept of fraud has not yet been defined. This can give rise to a broad interpretation, depending on the action taken by the parties in the cases. On the basis of the context of the dictionary, fraud may be said to be the same thing as deception. Sometimes, the use of words to convey things that are different from, and even at odds with, the actual sense of words. Whereas, from a legal point of view, fraud still occurs as a matter of fact to be determined. This study showed that Macau scam is a fraud.

Originality/value

The implication of this analysis is for scholars and legal professionals to assess the principle of fraud prior to the accusation.

Details

Journal of Financial Crime, vol. 29 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Content available
Article
Publication date: 1 December 2001

Rosalind Lee

90

Abstract

Details

Property Management, vol. 19 no. 5
Type: Research Article
ISSN: 0263-7472

Article
Publication date: 9 October 2017

Clive Trusson, Donald Hislop and Neil F. Doherty

This paper responds to a recent trend towards reifying “knowledge hoarding” for purposes of quantitative/deductive research, via a study of information technology (IT) service…

1310

Abstract

Purpose

This paper responds to a recent trend towards reifying “knowledge hoarding” for purposes of quantitative/deductive research, via a study of information technology (IT) service professionals. A “rhetorical theory” lens is applied to reconsider “knowledge hoarding” as a value-laden rhetoric that directs managers towards addressing assumed worker dysfunctionality.

Design/methodology/approach

A qualitative study of practicing IT service professionals (assumed within IT service management “best practice” to be inclined to hoard knowledge) was conducted over a 34-day period. Twenty workers were closely observed processing IT service incidents, and 26 workers were interviewed about knowledge-sharing practices.

Findings

The study found that IT service practice is characterized more by pro-social collegiality in sharing knowledge/know-how than by self-interested strategic knowledge concealment.

Research limitations/implications

The study concerns a single occupational context. The study indicates that deductive research that reifies “knowledge hoarding” as a naturally occurring phenomenon is flawed, with clear implications for future research.

Practical implications

The study suggests that management concern for productivity might be redirected away from addressing assumed knowledge-hoarding behaviour and towards encouraging knowledge sharing via social interaction in the workplace.

Originality/value

Previous studies have not directly examined the concept of knowledge hoarding using qualitative methods, nor have they considered it as a rhetorical device.

Details

Journal of Knowledge Management, vol. 21 no. 6
Type: Research Article
ISSN: 1367-3270

Keywords

1 – 10 of 437