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Although the facts giving rise to this decision concerned planning control and planning law the decision is of relevance to the debate about the applicability of the Human Rights Act 1998 to the various regulatory functions and powers conferred on the Financial Services Authority (FSA) by the Financial Services and Markets Act 2000, hence its inclusion and discussion in this Journal. The three conjoined appeals which formed the subject matter of this decision were made directly to the House of Lords from a decision of the Divisional Court on 13th December, 2000 whereby the court made a declaration of incompatibility with Article 6 of the European Convention on Human Rights (ECHR) in respect of certain statutory decision‐making powers conferred on the Secretary of State for the Environment, Transport and the Regions (the Secretary of State).

The purpose of this paper is to demonstrate how Confucianism can be applied in the areas that are now governed by company law in the common law system and how it can play a role in improving corporate governance. A gentleman in the context of Confucianism tends to be inclusive and broad-minded in embracing the interest of different stakeholders. In fact, he will balance the interests of shareholders and other stakeholders if there is any inherent conflict and try to achieve a win-win situation. Ultimately, he will run the company not just for profit-making but for social justice and commitment.

The authors examine the leading cases in Hong Kong and the United Kingdom about the law of fiduciary duty and the duty of care and its relationship with Confucianism. In this respect, we review the teachings of the traditional Confucian texts and use Confucianism to fill in the gap where common law rules cannot reach. In addition, we adopt a comparative study approach in examining the law of directors’ duties in Hong Kong, China and the United Kingdom.

It can be seen that the concept of fiduciary duty and duty of care is quite complicated and evolving and always subject to the interpretations of the court from time to time. For fiduciary duty, the term itself is quite conceptual and not immediately available to the general public. But loyalty in the context of Confucianism is a very lively and down-to-earth moral principle. Besides, fiduciary duty is imposed from outside, where directors had no choice but to accept. But loyalty in the context of Confucianism is something inherent and something from within. It is a moral principle that if you deeply understand the meaning of it, you will automatically accept it as a good virtue and your conduct will naturally be guided by such a principle. Confucianism can thereby be used to fill the gap where rules and regulations cannot reach. Confucian business ethics and common law rule should be complementary to each other in the development of a Chinese corporate governance system.

This paper is the first of its kind in discussing the relationship between the law of directors’ duties and Confucianism. It argues that Confucianism plays a crucial role in guiding the behavior of the directors and can supplement the abstract principles of directors’ duties in the context of a Chinese corporate governance system.

In English law a company may be responsible for wrongful acts or omissions in two ways. First, a corporation may be vicariously liable for the behaviour of its employees. The company, as a legal construct, is liable if employers who are natural persons would have been so liable. The acts (or omissions) and state of mind of these high‐level employees are imputed to the company. The company is not vicariously liable (ie for what others did) but personally or directly (ie for what it did). The acts of the senior officers were done as the company, which being artificial cannot perform actions or mental calculations. The second mode of liability is sometimes known as the identification or alter ego doctrine. One distinction between the two modes of criminal responsibility is immediately apparent. Under the first the company is liable for the conduct of its employees, however low in the corporate hierarchy. With regard to the second there is a distinction drawn between those who are the directing mind and will of the company and other individuals (cf. Tesco Supermarkets Ltd v Nattrass and Tesco Stores Ltd v Brent LBC. The distinction is often stated anthropomorphically as one between ‘hands’ and ‘brain’ and there is a growing jurisprudence concerned with which jobs in which companies fall within these categories.

A management accounting perspective that underscores a quest for reducing conventionally appraised costs, negative output costs as well as heightened eco-efficiency has been used in pursuit of the study’s two main study objectives. The purpose of this paper is twofold: first, the study seeks to further understanding of the relationship between product output volume, carbon costs, and CO₂ emission volume in carbon-intensive firms. Second, it identifies factors affecting climate change abatement strategies pursued by these firms. Heightening appreciation of the climate change challenge, combined with minimal CO₂ emission research undertaken from a cost management perspective, underscores the significance of the study.

A triangulation of quantitative and qualitative data collected from Slovenian firms that operate in the European Union Emissions Trading Scheme has been deployed.

CO₂ polluting firms exhibit differing carbon cost structures that result from distinctive drivers of carbon consumption (product output vs capacity level). Climate change abatement strategies also differ across carbon-intensive sectors (energy, manufacturing firms transforming non-fossil carbon-based materials, and other manufacturing firms) but are relatively homogeneous within them.

From a managerial perspective, the study demonstrates that carbon efficiency improvements are generally not effective in triggering corporate CO₂ emission reduction when firms pursue a growth strategy.

Global warming signifies that CO₂ emissions constitute a social problem. The study has the potential to raise societal awareness that the causality of the manufacturing sector’s CO₂ emissions is complex. Further, the study highlights that while more efficient use of environmental resources is a prerequisite of enhanced ecological sustainability, in isolation it fails to signify improved ecological sustainability in manufacturing operations.

The paper has high originality as it reports one of the first management accounting studies to explore the distinction between combustion- and process-related CO₂ emissions. In addition, it provides distinctive support for the view that eco-efficiency is more consistent with the economic than the environmental pillar of sustainability.

This article aims to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates specific areas of the tort that are theoretically unresolved in order to ascertain the potential future role it may play before highlighting the capacity for injunctions to coerce restorative environmental justice.

The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary.

Nuisance developed to a point in the nineteenth century where a “theory of nuisance” emerged, which did not tolerate injury to health or the property of another. Recent judicial activity has visibly adulterated that theory: this article casts doubts on juridical restrictions regarding health and property suggesting they may not withstand the scrutiny of the Supreme Court if, and when, they are tested.

This paper recognises that nuisance law has a positive future in environmental protection provided that the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.

Valuation accuracy usually conjures up images of empirical studies of comparisons between sales and valuations and different valuations of the same properties, and a number of references to these studies are included in the paper. However, this paper concentrates on the institutional influences which impact on valuations and their accuracy. The overall aim of this paper is to examine the legal interpretation of valuation inaccuracy in the UK. This might seem a bit parochial in the context of a World Valuation Congress. However, cases in many countries in the Commonwealth form precedents for each other and therefore decisions in, for example, the UK and Australasia, are drawn on by others in reaching decisions. The paper also reaches conclusions which have wider implications for all jurisdictions which have valuation disputes settled in courts, tribunals and any other quasi‐judicial body.

This article continues to assess the role of private nuisance as a common law tool for environmental protection, independent of the wider regulatory controls. It evaluates the decision in Cambridge Water and asks the question whether it would stand as good law before the Supreme Court. It concludes with illustrating the enduring role of the injunction in environmental protection and its capacity to coerce restorative environmental justice. The paper aims to discuss these issues.

The paper is predominately a classic doctrinal article as it is principally library-based analysing both primary sources (that both pre- and post-date the modern law reporting system) and secondary sources whilst engaging in leading academic commentary.

Nuisance developed to a point in the nineteenth-century where a simple form of the tort was visible. At that juncture, it had an “unchanged” essence that emanated from a strict liability reciprocal identity. Recent judicial activity has visibly adulterated that identity: this article casts doubts on juridical restrictions that assess the conduct of defendants to assess liability. It is suggested that it may not withstand the scrutiny of the Supreme Court if, and when, they are tested. In light of that analysis and considering the potency of injunctions, it is argued that nuisance law potentially has a positive future in environmental protection.

Owing to the elected research approach, the scope of the article has been necessarily concentrated on succinct areas of a broader subject and viewed in a manner that works alongside the regulatory regime.

This paper recognises that nuisance law has a positive future in environmental protection especially if the courts are willing to embrace the historical paradigm which has served the common law in this field broadly well for hundreds of years.

The paper aims to examine the judicial approach to some aspects of contract damages in England and Wales, Australia and New Zealand.

The paper is an analysis of judgments of the three jurisdictions and academic commentary.

Generally, there is uniformity in the assessment of damages in the jurisdictions discussed as is illustrated with liquidated damages and the adherence to the judgment of the House of Lords. However, the same adherence is not evident in the case of lower court judgments in the controversial area of “consequential loss”. Although not a remedy, it is an integral part of the assessment of damages process when included in exception clauses.

The research highlights the need for knowledge of the legal issues to ensure that the contract covers what is intended so that a party is not without a remedy when the contract fails.

The purpose of this paper is to examine how public law regulates the relationship between private landowners and users of town and village greens. It explores the scope of the public law which permits the exercise of customary rights of recreation over private property, and considers the limits that exist within the current regulatory framework. In particular the paper explores how subsidiary considerations such as protection of the environment have become increasingly relevant to the disputes involving town and village greens.

The analysis is based on a critical appraisal of recent judgments, academic literature and policy papers which address the regulation of town and village greens.

The paper determines that the current regulatory framework fails to sufficiently protect landowners against opportunistic claims for registration of a town and village green. Specifically the paper identifies that gaps exist both in the substance of the statute and the judicial application of these provisions, and that the Human Rights Act 1998 offers insufficient protection for landowners.

The paper examines recent case law where there is evident judicial conflict on the scope and application of the legislative provisions. The paper considers this judicial debate within the context of the DEFRA consultation document 2011 and the Growth and Insfrastructure Bill 2012.