Search results

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.

Purpose – To find major determinants of access to legal services and consider an effective way of expanding access to lawyers.Methodology – (1) A survey of Japanese individuals between 20 and 70 years of age, conducted in 2005; (2) A survey of visitors at legal advice centers of Bar Associations, conducted in 2007 and (3) A survey of visitors at law offices, also conducted in 2007.Finding – The use of a lawyer for legal services is not affected by income or a general knowledge of the law, but by the past experience of using a lawyer and personal connections with a legal professional. Both lawyers and people have anxieties about each other. Thus, a lawyer wants to accept a client who is introduced by someone that the lawyer knows personally. People who seek legal advice also worry about the cost and the unapproachabilility of lawyers. Direct or indirect personal connections help to reduce such anxieties. This traditional pattern of legal access is found among visitors at law offices. However, visitors at legal advice centers do not have such experience or connections. Legal advice centers, rather than to law offices, could expand access to lawyers more effectively, because the former is easier for people without personal connections to get access to legal advice.Research limitations – The response rate of the office survey is very small.Value of chapter – It contributes to a current debate on what affects the use of a lawyer and suggests a policy for expanding access to lawyers in Japan.

Explores judicial attitudes in professional negligence cases affecting liability for property investment advice. Focuses on the standard of work required to discharge the legal duty of care and on apparent contradictions in approach by the courts. Reviews a series of cases which are taken to exhibit traditional attitudes to professional liability and studies modern cases which are irreconcilable with those attitudes. Includes liability to third party mortgagors and to third party mortgagees in an analysis of the duty of care, and considers the implications of the perceived expansion of the advisor′s professional duties, which include potential conflicts of interest and the dichotomy between the standards current among professionally qualified and unqualified practitioners. Suggests that judicial attitudes are influential in shaping the practice of property investment advice, but that this intervention is fraught with difficulties as it creates uncertainty among professional advisors about the nature of the tasks undertaken.

The purpose of this paper is to explore the increasing expectation against two concepts, information and process scepticism. In light of the Centro case judgement, directors’ decisions are held to increasing standards of due care and diligence.

This is a conceptual paper, drawing upon archival material, including statute law, case law, regulatory guidance material and media releases in Australasia. The authors review the statutory duty of care, skill and diligence expected of non-executive directors.

Whether a director has exercised an appropriate level of reasonable care and skill and/or due diligence has been a matter for the courts to decide. Such retrospective analysis leaves directors vulnerable to the uncertainty of whether their individual interpretation of diligence matches up to that of the presiding judge. The authors provide directors with a framework to apply scepticism to information and processes provided by those on whom the directors may rely.

Two concepts are identified: reasonable reliance on others and the business judgement rule. The authors present arguments that challenge us to understand reasonable reliance, judgement and actions of directors in light of processing and information scepticism.

Directors do have a different role to that of auditors; incorporating scepticism can enable directors to fulfil their responsibility towards shareholders. By applying information and process scepticism, directors of companies can reduce the likelihood and magnitude of litigation costs and out-of-court settlements.

This paper provides a framework to apply scepticism to information and processes provided by people on whom the directors may rely.

The aim of this paper is to explore the role of affect evoked among customers of differing expertise within a business‐to‐business credence service context and examine how this affects overall satisfaction judgements.

Drawing on the affect and satisfaction literature, the paper examines affective reactions to service delivery within multi‐national and regional corporate legal services markets. A two‐stage methodology is adopted incorporating explorative interviews and a survey comprising 252 users of corporate legal services.

Findings suggest the customer's ability to form expectation and performance assessments about the core service may have a moderating influence on affective reactions within a business‐to‐business credence service context. Customers of differing expertise will vary in the way they set service expectations and evaluate service delivery in relation to the technical, functional and affective components.

Organisations should devote effort to devising appropriate service delivery processes that are pertinent to the individual customer. This in turn has implications for the recruitment, training and empowerment of employees in credence services that have traditionally focused on technical qualifications and experiential knowledge as the key drivers of human resource management strategies such as recruitment and reward systems.

This paper contributes towards an understanding of the role of customer expertise on affect evoked within business‐to‐business credence services.

For the business community, the Internet is a new frontier, offering unparalleled opportunities for expansion and growth. Businesses can and do offer their services throughout the world, with the range of services multiplying daily. This paper discusses ethical issues related to the online provision of business and financial information and advice, reviews problems encountered and ethical issues raised, and proposes an ethical code to help address such problems. It begins by identifying differences occurring in an online advice‐giving environment and extending them to identify ethical issues. Specific problems that have occurred are reviewed and ethical issues are discussed. Finally, existing ethical codes addressing Internet practice are then utilized to identify elements in a proposed set of ethical standards for online business advisors and their professional organizations.

This paper is based on a talk given by Philip Ryley and John Virgo to the Association of Pension Lawyers at their annual conference in Bournemouth in November 1998. In it the authors provide an outline of some of the key legal issues that have arisen out of the pensions mis‐selling litigation.

June 28, 1972 Limitation of action — Asbestosis — Workman contracting insidious disease over number of years through employers' breach of statutory duty — Action commenced more than one year after giving up work — Lack of knowledge that disease attributable to breach of duty — Whether workman entitled to bring action outside period — Limitation Act 1963 (c.47) ss. 1(3), 7(3).

To explore how lawyers are used to launder the proceeds of criminal activity. Regulatory measures that compel legal professionals to report suspected money laundering, and the implications this has for solicitor‐client privilege, are also addressed.

Data were collected from a sample of Royal Canadian Mounted Police proceeds of crime (POC) case files using a standardized questionnaire.

A statistical analysis reveals that lawyers came into contact with the POC in 49.7 percent of all RCMP cases examined. Lawyers are implicated in money laundering (both wittingly and unwittingly) primarily through their role as an intermediary in a commercial or financial transaction. In the majority of these cases, lawyers were facilitating a real property transaction by an individual engaged in drug trafficking. Lawyers were also used by offenders or their nominees to incorporate companies, purchase securities, and conduct bank transactions, including those pertaining to legal trust accounts.

The analysis of money laundering is based exclusively on an analysis reliance of police cases. The RCMP database from which the sample was drawn was not as complete as originally thought.

Associations representing the legal profession have vehemently resisted mandatory reporting obligation, arguing that it abrogates solicitor‐client privilege. This paper supports the tacit consensus emerging internationally that mandatory reporting for legal professionals should apply only to the financial and commercial transactions mediated by lawyers on behalf of clients.

This research helps to inform the debate over the extent to governments should mandate lawyers to report transactions or clients that may be involved in money laundering.

The purpose of this paper is to report and comment on a High Court ruling where the Court had to decide certain preliminary issues of law arising out of a mis‐selling claim brought against Royal Bank of Scotland Plc (hereafter “the Bank”) by Titan Steel Wheels Ltd (hereafter “Titan”) following losses incurred on two Euro/Sterling derivative products provided to Titan by the bank in June and September 2007.

The paper outlines the facts surrounding the case and comments on the decision.

The Judge's decision is given on three issues. The first issue – was Titan a “private person”? The second issue – did the Bank act in an advisory role to Titan on the two transactions in issue and hence owe a common law duty of care? The third issue – whether the Bank's terms of business were subject to the Unfair Contract Terms Act 1977?

This case offers interesting insights into the changing nature of the relationship between major corporate users of the derivatives markets with the products traded and business transacted in those markets. It also represents a classic attempt to use the legal system to reallocate losses resulting from the ultimate uncertainty that besets every market place and simply reasserts that ex ante contractual loss allocation agreed between commercial parties will not be lightly set aside.