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Article

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…

Abstract

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.

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Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Abstract

Many jurisdictions fine illegal cartels using penalty guidelines that presume an arbitrary 10% overcharge. This article surveys more than 700 published economic studies and judicial decisions that contain 2,041 quantitative estimates of overcharges of hard-core cartels. The primary findings are: (1) the median average long-run overcharge for all types of cartels over all time periods is 23.0%; (2) the mean average is at least 49%; (3) overcharges reached their zenith in 1891–1945 and have trended downward ever since; (4) 6% of the cartel episodes are zero; (5) median overcharges of international-membership cartels are 38% higher than those of domestic cartels; (6) convicted cartels are on average 19% more effective at raising prices as unpunished cartels; (7) bid-rigging conduct displays 25% lower markups than price-fixing cartels; (8) contemporary cartels targeted by class actions have higher overcharges; and (9) when cartels operate at peak effectiveness, price changes are 60–80% higher than the whole episode. Historical penalty guidelines aimed at optimally deterring cartels are likely to be too low.

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The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

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Paul A. Pautler

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the…

Abstract

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.

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Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

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Article

Lucie Thébault

Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in…

Abstract

Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.

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Managerial Law, vol. 46 no. 1
Type: Research Article
ISSN: 0309-0558

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Article

Robin Mackenzie and John Watts

The law and guidance concerning the social care of adults are a mess. More than 30 statutes and guidance documents deal with this area, many of which overlap or contradict…

Abstract

The law and guidance concerning the social care of adults are a mess. More than 30 statutes and guidance documents deal with this area, many of which overlap or contradict each other, some dating back five decades. Because of this, the Law Commission has been asked to review the law and propose changes, which is, as the Law Society Gazette has put it, ‘the most radical shake‐up of adult social care in 60 years’ (Rayner, 2010). It is estimated that such legislation would affect 1.8 million people and six million carers (Brindle, 2010). The consultation document was published in February 2010 following a scoping exercise, and the closure date for responses was the 1st July 2010. The hope is that the consultation exercise will result in a response next year and a Bill drafted by the summer of 2012. In this article, we review the background to the consultation, and explore the Law Commission's proposals for reform. We examine the issues with particular reference to the readership of this journal, and make suggestions for change. We have also submited this article to the Law Commission as a response to the consultation document.

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Tizard Learning Disability Review, vol. 15 no. 3
Type: Research Article
ISSN: 1359-5474

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Article

Catherine Heard

The purpose of this paper is to inform readers about the Law Commission's review of hate crime offences and provide information on key stages. At the time of writing the…

Abstract

Purpose

The purpose of this paper is to inform readers about the Law Commission's review of hate crime offences and provide information on key stages. At the time of writing the review is at consultation stage and people are being invited to participate in this process.

Design/methodology/approach

The paper is structured in a question and answer format and provides an overview of existing hate crime offences and the stages of the Law Commission's review.

Findings

The consultation will consider the effect of the Law Commission's review of hate crime law on people with disabilities.

Originality/value

The author is a member of the Law Commission's criminal law team and answers questions on what's involved in the consultation process. The Law Commission wants to make sure that people who could be affected by any changes to the law on hate crime have their say.

Details

The Journal of Adult Protection, vol. 15 no. 3
Type: Research Article
ISSN: 1466-8203

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Article

Gerald Swaby

The purpose of this paper is to provide a critical examination of the current law and the proposed changes made by the Law Commission, after consultation, in relation to…

Abstract

Purpose

The purpose of this paper is to provide a critical examination of the current law and the proposed changes made by the Law Commission, after consultation, in relation to non‐fraudulent pre‐contractual duties in insurance law.

Design/methodology/approach

The research is addressed using case law, statutes, current academic and law commission publications in the UK and Australia.

Findings

First, the paper finds that the current state of the law is unfair in relation to consumers and small businesses and much reform is needed to rebalance the nature of insurance contracts to reflect modern day practice.

Research limitations/implications

This work does not address detailed issues in relation to fraudulent misrepresentations.

Practical implications

The law will be brought into line with current practice by the Financial Ombudsman Service.

Originality/value

This paper will be of interest to legal practitioners and academics and those in the insurance industry.

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International Journal of Law and Management, vol. 52 no. 1
Type: Research Article
ISSN: 1754-243X

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Book part

Andre Farrugia

Insurance is a dynamic business highly affected by the environment it operates in. Alongside the practice of insurance, come principles on which the business of insurance…

Abstract

Insurance is a dynamic business highly affected by the environment it operates in. Alongside the practice of insurance, come principles on which the business of insurance is based. One of the principles, that is not short of controversy, is the doctrine of utmost good faith which requires full disclosure of material facts by the contracting parties. The author, in this chapter, explored the need for change in the regulation of this insurance principle and discussed the drivers behind these changes and the commensurate effect on the practice of insurance. The author delved into case studies, practices and literature and traced back to the origins of the long-standing principle of utmost good faith. This principle is one on which the acceptance (or otherwise) and premium of an insurance contract is based and through which certain factors and developments in the industry have led to a major reform in some jurisdiction.

The author discussed the development and drivers leading to reform and concluded that reform is ultimately the result of public outcry, through individual cases heard predominantly in court, a well-established reform committee, the socio-political environment of that country and the advent of technology. Moreover, although, different countries have their own jurisdictions, laws and regulations as well as market practices and international trade have made it imperative to have common technical practices between market players especially in insurance, which depends on the spread of risks between countries internationally. Smooth insurance business can only be established if this reform is harmonised between jurisdictions.

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Governance and Regulations’ Contemporary Issues
Type: Book
ISBN: 978-1-78743-815-6

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Article

Ibrahim Sief Abdel Hameed Menshawy

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on…

Abstract

Purpose

This paper aims to explore the evolution of the notion of peremptory norms (Jus Cogens) in international law through the work of the International Law Commission on unilateral acts.

Design/methodology/approach

The study depended on analyzing the work of the International Law Commission on two topics: Unilateral Acts 2006 and Reservations to treaties 2011 to reveal the relation between jus cogens and unilateral acts.

Findings

Jus cogens restrict unilateral acts like treaties due to the recognition of the importance and necessity of the concept of Jus cogens in protecting the fundamental interests of the international community.

Practical implications

States must be compatible with jus cogens when making any reservation on a treaty and also when taking any unilateral act.

Originality/value

This paper reveals the importance of jus cogens in promoting the values of the international community and the need of such notion to protect the common interest of that community.

Details

Review of Economics and Political Science, vol. 4 no. 3
Type: Research Article
ISSN: 2356-9980

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Article

Tim Spencer-Lane

The purpose of this paper is to consider the final report of the Mid Staffordshire NHS Foundation Trust Public Inquiry and the Law Commissions’ review of health and social…

Abstract

Purpose

The purpose of this paper is to consider the final report of the Mid Staffordshire NHS Foundation Trust Public Inquiry and the Law Commissions’ review of health and social care professional regulation – and how these will impact on the professional regulation bodies.

Design/methodology/approach

Summary and discussion of the relevant recommendations made by the Mid Staffordshire NHS Foundation Trust Public Inquiry and the initial Government response, and consultation responses to the Law Commissions’ provisional proposals for law reform of health and social care professional regulation.

Findings

Future legislation is likely to be based on the recommendations of the Mid Staffordshire NHS Foundation Trust Public Inquiry and the Law Commissions.

Originality/value

Overview of the Mid Staffordshire NHS Foundation Trust Public Inquiry and the initial Government response, and consultation responses to the Law Commissions.

Details

The Journal of Adult Protection, vol. 16 no. 1
Type: Research Article
ISSN: 1466-8203

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