• Certainty over clemency: English contract law in the face of financial crisis

      Huang, Flora; Yeung, Horace; University of Leicester (Springer, 2016)
      This chapter has the objective to consider the legal implications of negative economic trends under English contract law in the aftermath of the global Financial Crisis of 2007–2008. Unlike other jurisdictions, most notably in civil law countries, the English position in the law governing a fundamental change in circumstances has remained narrow, that is, no relief will be granted unless it is an exceptional situation. The English courts deal with the issue either by the doctrine of frustration or through construing contractual force majeure provisions. Following the crisis, indeed there have been an increasing number of cases going down these avenues. Apart from relying on frustration or force majeure clause, another emerging phenomenon is that there has been a growth in allegations of misrepresentation and therefore requesting a rescission of contract. In either case, the aim of claimants is apparently trying to bring the contractual obligations to an end.
    • Children and the doctrine of substituted judgement.

      Cherkassky, Lisa; University of Derby; The University of Derby, UK (Sage, 2014-12-01)
      The common law in the United Kingdom dictates that children facing medical treatment should be treated in accordance with their best interests. The Children Act 1989 also demands that the welfare of the child is paramount. However, in light of the creation of saviour siblings after the case of Quintavalle, it is disputed that the donor child is treated in accordance with his/her best interests when undergoing a non-therapeutic procedure for the benefit of another. The Human Tissue Authority (HTA) can, for example, validate a bone marrow harvest on a child created specifically for harvest without the consent of the High Court. The doctrine of substituted judgement was developed in the United States to substitute a previously competent adult decision, but it is proposed that parents of saviour siblings are reviving it in a modified form to install a speculative psychological benefit into the saviour child to satisfy the criteria for a harvest in common law. As a result, there is a glaring discrepancy between the objective jurisdiction of the courts and the validation of non-therapeutic harvesting procedures upon children by the HTA, opening the door to potential legal action.
    • Chinese companies and the Hong Kong stock market

      Huang, Flora; Yeung, Horace; University of Leicester (Routledge, 2013-10-04)
      Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.
    • Combined degrees & employability: A comparative analysis of single and joint honours graduates of UK universities

      Pigden, Louise; Jegede, Francis; University of Derby (West East Institute, 2016-05)
      Over the last decade, there has been an increase in the popularity and number of combined or joint degrees in English and Welsh Universities. Combined or joint honours represent 10% of all undergraduates - 50,000 out of 500,0001 currently enrolled on all honours degrees. This significant and special way of learning therefore warrants scrutiny. Combined degrees enable students to enroll on two or more subjects, with varying levels of integration of the courses, which leads to either a BA or BSc honours joint award. The growing number of students on such degrees across universities in England and Wales has led to a debate as to the intrinsic value of such degrees especially in relation to graduate employability and career opportunities. This paper examines the nature and relative attractiveness of combined degrees and explores the employability of combined honours degree graduates in comparison with single honours degree graduates.
    • Coordinated efforts to regulate overseas listed Chinese companies: a historical perspective and recent developments

      Huang, Flora; Liu, Xinmin; Yeung, Horace; University of Essex (Taylor & Francis, 2017-07-04)
      Prestigious financial centres have attracted a number of Chinese companies seeking liquidity and international exposure (an example being the record- breaking IPO of Alibaba in the US). This article seeks to explore how the regulatory cooperation of securities commissions can be a solution to the concerns arising from the regulation of these companies, given the perceived weaknesses in the governance of Chinese companies and the difficulties of cross-border enforcement. One notable example of regulatory cooperation can be seen in how the regulators in Hong Kong and China have worked closely together. Meanwhile, other overseas exchanges have started to pay more attention to the regulatory issues arising from Chinese listings. In the literature on cross-listing, this paper is the first to present a holistic approach, taking into account both the importance and the popularity of cross-listing as well as the most recent regulatory challenges and solutions.
    • Corporate social responsibility in the oil and gas industry in Nigeria: the case for a legalised framework

      Ekhator, Eghosa; Iyiola-Omisore, Ibukun; University of Derby; University of Leeds (Springer, 2021-01-26)
      This chapter focuses on the extant corporate social responsibility (CSR) practices in the oil and gas industry in Nigeria. The oil and gas industry has been beset by a lot of problems not limited to violence, kidnappings, eco-terrorism, and maladministration amongst others. One of the strategies of curing or mitigating these inherent problems in the oil and gas sector is the use of CSR initiatives by many oil multinational corporations (MNCs) operating in Nigeria. Notwithstanding that the majority of CSR initiatives in the oil and gas sector in Nigeria are voluntary, this chapter avers that CSR initiatives should be made mandatory by the Nigerian government. Furthermore, Civil Society Organisations (CSOs) should play an integral role in the implementation of any legalised framework on CSR that will be developed in the country. This chapter suggests that a CSR law should be developed specifically for the oil and gas industry to mitigate the negative externalities arising from the activities of oil MNCs in the Niger Delta region of the country
    • A cosmopolitan ethos within a global Law curriculum: comparative law as its promoter

      Platsas, Antonios E.; University of Derby (CGPublisher, 2009)
      In this paper the author will commence his analysis by exposing the apparent absence of a global law curriculum for law students. He will attempt to highlight the fact that lawyers around the world tend to engage themselves with national law material, when our world environment asks for a legal education of a more ecumenical character. Accordingly, the paper acts on the assumption that national law curricula tend to operate on the basis of predisposed agendas. Therefore, we, in the discipline of law, find ourselves in a clearly paradoxical situation, a situation which conflicts not only the epistemological unity of other disciplines but also the very process of globalisation. As the leading law comparatists Zweigert and Kötz have argued some time ago ‘[t]here is no such thing as “German” physics or “British” microbiology or “Canadian” geology’. But we in the discipline of law find ourselves teaching national law curricula which are the by-product of nationalisms and historical accidents. It is believed that there has to be re-alignment of the law curriculum by re-enforcing the international and comparative law elements and by reducing the national law elements thereof. In other words, we must push for a law curriculum which truly reflects a global studies state of affairs, a global law curriculum. We need to re-address the matter by promoting a law curriculum which will promote a more cosmopolitan legal ethos, a better understanding of universal truths such as legal axioms, principles and ideas which are appealing and comprehensible to legal scientists from all over the world. The analysis will conclude that the subject of comparative law acts as the driving force for a more internationalised legal education and that such a type of education is something that has to be sought in the modern academic world.
    • Course notes: Criminal Law

      Cherkassky, Lisa; University of Bradford (Routledge, 2012)
      Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need.
    • Crime concentrations: Hot dots, hot spots and hot flushes.

      Ignatans, Dainis; Pease, Ken; University of Huddersfield; University College London (Oxford University Press, 2018-09-14)
      None
    • Detecting truth in suspect interviews: the effect of use of evidence (early and gradual) and time delay on Criteria-Based Content Analysis, Reality Monitoring and inconsistency within suspect statements

      McDougall, Alice Jennifer; Bull, Ray; University of Leicester; University of Derby (Taylor and Francis, 2015-01-03)
      The strategic use of evidence in interviews with suspects has been shown to increase the ability of interviewers to accurately and consistently distinguish truthful from deceptive accounts. The present study considers the effect of early and gradual revelation of evidence by the interviewer, and the effect of shorter and longer delay on the verbal quality of truth-teller and liar statements within a mock crime paradigm. It was hypothesised that gradual disclosure of evidence (1) in terms of inconsistencies (a) within statements and (b) between statements and such evidence and (2) of the criteria of Criteria-Based Content Analysis (CBCA) and of Reality Monitoring (RM) would emphasise differences in the verbal quality of truth-teller and liar statements. Forty-two high school students took part in the study. The use of statement-evidence and within-statement inconsistency appears to be a robust cue to deception across interview style and delay. This indicates that gradual disclosure in interviews may increase interviewer accuracy in veracity decisions by eliciting statement inconsistencies. However, gradual revelation and delay affected the ability of CBCA and RM criteria to distinguish the veracity of suspect statements.
    • Developing a scale to measure the presence of possible prejudicial stereotyping in police interviews with suspects: The Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS)

      Minhas, Rashid Ali; Walsh, Dave; Bull, Ray; University of Derby (Taylor and Francis, 2016-10-31)
      If police interviewers hold negative feelings towards certain groups, this may affect how they interview them (either as victims, witnesses or suspects) in that they may not obtain reliable accounts, being the aim of such interviews. The Minhas Investigative Interviewing Prejudicial Stereotyping Scale (MIIPSS) has been developed to assess the level of any investigative interviewers' prejudicial stereotyping towards suspects. The current exploratory study involved semi-structured interviews with twenty people, who had previously been interviewed as suspects in England and also eight very experienced lawyers. Both their views were measured using the MIIPSS before being subjected to a Guttman analysis. Statistical analyses showed that MIIPSS satisfies the criteria for classification as a valid unidimensional and cumulative scale. Therefore, researchers could use MIIPSS as a tool to measure prejudicial stereotyping in investigative interviews. Interviewers could also use MIIPSS to monitor their own attitudes towards certain groups or individuals suspected of different types of crimes.
    • Diplomacy and the politics of fear: the 21st century challenges to the theory and practice of Diplomacy and International Relations

      Jegede, Francis; Todd, Malcolm; Stubbs, John; Hodgson, Philip; Univeristy of Derby (LHSS, University of Derby, 2016-09-12)
      Conflicts, political unrest, mass migration and the rise of violent extremism by non-state actors are features that have characterized the early 21st century. A huge challenge to world peace and security is posed by volatile economic and political conditions around the world. This situation has led to a growing tension in many inter-state relations which arguably has underpinned the rise of groups such as Al Qaeda and Islamic State of Iraq and the Levant (ISIL) in the Middle East, the Boko Haram in West Africa, and Al Shabaab in East Africa. Arguably, there is a growing sense of fear and unease in every sphere of social, economic and political life. More than at any other time in human history, the future seems uncertain. Relationships and trusts between states and their citizens are breaking down; relations, mutual cooperation and connections between states are under strain; there is growing sense of disillusionment by the governed of the ability of governments and mainstream political establishments to address their concerns and meet their needs. The feeling of uncertainty and general fear for the future is real. While these may not necessarily be universally held views, there is a growing indication that people and communities around the world are feeling dissatisfied and may be threatened by mainstream political systems. Just when it is most needed, diplomacy and diplomatic practice seem to be taking the back seat in the face of growing conflicts. This conference examines the socio-economic and political environment that creates social and political discontent, political apathy, the weakening of inter-state relations, and the general sense of fear.
    • Disclosure of confidential patient information and the duty to consult: the role of the Health and Social Care Information Centre

      Grace, Jamie; Taylor, Mark; University of Derby; University of Sheffield (Oxford University Press, 2013)
    • Distributive justice and the crime drop.

      Ignatans, Dainis; Pease, Ken; University of Kent; University College London (Palgrave Macmillan, 2015)
      Data were extracted from a total of almost 600000 respondents from all sweeps of the Crime Survey for England and Wales (CSEW) 1982-2012 to determine whether victimisation was more or less concentrated across households during the crime drop. The most victimised household decile experienced the greatest absolute decline in victimisation but still accounted for over 70% of all victimisations suffered. Methodological issues underlying the patterns observed are discussed. The characteristics associated with highly victimised household are consistent across survey sweeps. Cross-national and crime type extension of work of the kind undertaken is advocated as both intrinsically important and likely to clarify the dynamics of the crime drop.
    • Do parents have a right to determine where a child patient dies?

      Cherkassky, Lisa; University of Derby (Trivent Publishing, 2019-08)
      This chapter will explore whether parents have the legal right to take their gravely ill child home to die in peace surrounded by family. Public anger surrounding the recent cases of Charlie Gard and Alfie Evans suggests that it is morally wrong to deprive parents of this final wish when medical treatment is futile and travel abroad for treatment has been ruled out. The judgments of Judge Francis (Gard) and Lady Justice King (Re C) will be examined to reveal the legal avenues available to parents of gravely ill children and whether their final wish to take their child home should be afforded more weight in futile cases.
    • Do We Need a New Legal Framework for Fighting Non-Conventional Wars? The International Law of War, Human Rights and the Global Fight Against Extremism and Terrorism

      Jegede, Francis; Todd, Malcolm; University of Derby (Global Science and Technology Forum, 2016-11-16)
      This paper examines the existing legal framework for fighting violent extremism and terrorism. Highlighting the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups, the paper discusses the problem facing military commanders, security agents, state actors and the international community in confronting extremist groups while upholding human rights values and respecting the law of war. The paper poses the question as to whether the current legal framework for dealing with extremist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. Using examples, the paper examines how extremist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror. The paper also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.
    • Dual class shares around the top global financial centres

      Huang, Flora; University of Essex (2017-04-01)
      Dual class shares (DCS) offer additional classes of shares that provide holders with greater voting rights. The article aims to investigate why leading financial centres have different attitudes towards DCS, with a focus on the recent reforms of their company law and listing rules with respect to DCS.
    • Dynamics of repeated interviews with children

      Waterhouse, Genevieve F.; Ridley, Anne M.; Bull, Ray; La Rooy, David; Wilcock, Rachel; London South Bank University; University of Derby; University of London; University of Winchester; Department of Psychology; London South Bank University; London UK; et al. (Wiley, 2016-06-10)
      Concerns regarding repeat interviews with child witnesses include greater use of suggestive questions in later interviews due to bias, and that children may appear inconsistent and, therefore, be judged as less reliable in court. UK transcripts of first and second interviews with 21 child victims/witnesses (conducted by qualified interviewers) were coded for question types and child responses. Interviewers were consistent in their proportional use of question types across interviews. Furthermore, children were as informative in second interviews as in first, mostly providing new details consistent with their prior recall. Despite the apparent lack of training in conducting repeated interviews, no negative effects were found; second interviews appeared to be conducted as well as initial interviews, and children provided new details without many contradictions. It is suggested that when a child's testimony is paramount for an investigation, a well-conducted supplementary interview may be an effective way of gaining further investigative leads.Copyright © 2016 John Wiley & Sons, Ltd.
    • Economic interdependence in a globalised world - the effects of Greece's financial crises on Derbyshire businesses

      Jegede, Francis; University of Derby (Derby Telegraph, 2013)
      Greece, in recent years, has suffered series of financial crises that necessitated massive European bailouts to support and sustain the country's economy. The bailouts and support from the IMF and the European Central Bank came with stringent economic conditions that have caused severe political turmoil in the country. This article, published by Derby Telegraph, examines the nature and effect of economic interdependency in a globalised world. Using, the recent financial crises as case study; the article explains how the economic woes in countries like Greece and Portugal could hit Derbyshire businesses.