The purpose of this article is to determine the burden of proof that is applicable in the range of activities covered by the civil offence of market abuse. It also considers the…
Abstract
Purpose
The purpose of this article is to determine the burden of proof that is applicable in the range of activities covered by the civil offence of market abuse. It also considers the approach adopted in the USA and discusses the extent to which that approach may be worth applying in this country.
Design/methodology/approach
The methodology adopted is a mixture of black letter law in analysing the nature of the burden of proof and the relevant market abuse issues, historical research in examining how the modern law relating to the burden of proof has evolved and comparative research through the consideration given to the US approach.
Findings
The findings are that the burden of proof in market abuse cases is unclear, that the burden may well not be the same in all cases, that clarification is needed on the point and that the approach adopted in the USA offers the advantage of clarity. Therefore, its adoption should be considered.
Practical implications
The main practical implication is that cases are currently being brought without this key issue being properly considered and clarified.
Originality/value
The author can find no other research that has been published in this specific area.
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WHERE are we going? The aim is to double our standard of living in the next 25 years and, as Sir Alexander Fleck, K.B.E., Chairman of Imperial Chemical Industries Ltd., so aptly…
Abstract
WHERE are we going? The aim is to double our standard of living in the next 25 years and, as Sir Alexander Fleck, K.B.E., Chairman of Imperial Chemical Industries Ltd., so aptly staled recently, ‘The man who knows where he is going is the one who is most likely to arrive.’ One might venture to expand this statement by adding that he is still more likely to arrive if the cluttering debris of inefficient methods and movements are cleared away.
This chapter offers a symbolic perspective on the Egyptian Revolution. It does so by analyzing the transformation of Khaled Said, a 28-year-old Egyptian man beaten to death by…
Abstract
This chapter offers a symbolic perspective on the Egyptian Revolution. It does so by analyzing the transformation of Khaled Said, a 28-year-old Egyptian man beaten to death by police on June 6, 2010, into a key visual injustice symbol. Activists were motivated by a horrifying cell phone photograph of Said taken by his family at the morgue and uploaded on the web. Although the postmortem photograph had a powerful emotional impact in itself, the transformation of Said from local/particular incident to injustice symbol with society-wide repercussions cannot be explained by its mere availability in the public sphere. The transformation required intervention and appropriation by activists who creatively and strategically universalized the case, linking it with existing injustice frames in Egypt. This chapter analyzes this interplay between photographs, activism, and society in two steps. The first provides an analysis of the genesis of the Said symbol and identifies three levels of agency in its formation. The second step analyzes the process through which Said was infused with injustice meanings by activists. Providing the first systematic analysis of Said from a social movement perspective, the chapter draws on several data sources that are subjected to interpretive analysis: visual material available on the internet, Facebook pages, and interviews with and accounts by key activists. And it calls for more attention to photographs and symbols in the analysis of activism and points to several historical and present cases with relevance for such an approach.
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IN the last article it was pointed out that any form of starch as a substitute for milk sugar, the natural carbohydrate of human milk, was highly undesirable in an infant's food…
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IN the last article it was pointed out that any form of starch as a substitute for milk sugar, the natural carbohydrate of human milk, was highly undesirable in an infant's food unless such food was to be administered under the supervision and control of a medical man. The same remark would also apply more or less to invalids' foods, and especially to brands containing raw, or only very slightly altered starch. Having regard to the object for which such preparations are intended ease of digestion is of the utmost importance, and it cannot bo contended that any starches in their natural condition can lay claim to this property. It is, however, possible so to prepare them that a very largo proportion of their weight is soluble in cold water, and where so prepared the objection is very largely removed.
The “greening” of preserved vegetables by addition of sulphate of copper can only be regarded as an abominable form of adulteration, and it is passing strange that in this year of…
Abstract
The “greening” of preserved vegetables by addition of sulphate of copper can only be regarded as an abominable form of adulteration, and it is passing strange that in this year of grace 1904 it should still be necessary to endeavour to impress the fact, not only upon the public generally, but upon the Government authorities and upon those who are concerned in the administration of the Food Acts and in adjudicating under their provisions. It ought surely not to be necessary to insist upon the tolerably obvious fact that the admixture of poisons with food is a most reprehensible and dangerous practice, and that the deliberate preparation and sale of food thus treated should be visited with condign punishment. The salts of copper are highly poisonous, and articles of food to which sulphate of copper has been added are not only thereby rendered injurious to health, but may be extremely dangerous when swallowed by persons who happen to be specially susceptible to the effects of this poison. After a lengthy investigation, the Departmental Committee appointed by the Local Government Board to report on the treatment of food with preservatives and colouring matters condemned the practice of adding salts of copper to food and recommended that the use of these poisons for such purposes should be absolutely prohibited. Without any such investigation as that which was conducted by the Departmental Committee—and a most thorough and painstaking investigation it was—it should have been sufficiently plain that to allow or to excuse the practice in question are proceedings utterly at variance with common sense.
In this chapter, I suggest three conceptual tools developed by William R. Freudenburg and colleagues that characterize the failure of institutions to carry out their duties �…
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In this chapter, I suggest three conceptual tools developed by William R. Freudenburg and colleagues that characterize the failure of institutions to carry out their duties – recreancy, atrophy of vigilance, and bureaucratic slippage – are of use beyond environmental sociology in the framing of the September 11, 2001 disaster. Using testimony and findings from primary materials such as the Senate Select Committee on Intelligence and House Permanent Select Committee on Intelligence Joint Inquiry hearings and report (2002, 2004a, 2004b) and the National Commission on Terrorist Attacks Upon the United States (2004) alongside insider accounts, I discuss how Freudenburg’s tools have the potential to theorize institutional failures that occur in national security decision making. I also suggest these tools may be of particular interest to the U.S. intelligence community in its own investigation of various types of risk and failures.
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In reporting to the Board early in 1906 on inquiries as to meat inspection in London; Dr. Buchanan drew attention to the need for a better understanding, in the interests of the…
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In reporting to the Board early in 1906 on inquiries as to meat inspection in London; Dr. Buchanan drew attention to the need for a better understanding, in the interests of the British consumer, of the conditions under which meat and meat foods are prepared abroad for exportation to the United Kingdom, of the various systems of inspection or control adopted abroad in the case of such meats, and of the significance to be attached to the presence or absence of official inspection labels or marks on imported carcass meat and other meat foods.
Kay Whitehead and Kay Morris Matthews
In this article we focus on two women, Catherine Francis (1836‐1916) and Dorothy Dolling (1897‐ 1967), whose lives traversed England, New Zealand and South Australia. At the…
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In this article we focus on two women, Catherine Francis (1836‐1916) and Dorothy Dolling (1897‐ 1967), whose lives traversed England, New Zealand and South Australia. At the beginning of this period the British Empire was expanding and New Zealand and South Australia had much in common. They were white settler societies, that is ‘forms of colonial society which had displaced indigenous peoples from their land’. We have organised the article chronologically so the first section commences with Catherine’s birth in England and early life in South Australia, where she mostly inhabited the world of the young ladies school, a transnational phenomenon. The next section investigates her career in New Zealand from 1878 where she led the Mount Cook Infant’s School in Wellington and became one of the colony’s first renowned women principals. We turn to Dorothy Dolling in the third section, describing her childhood and work as a university student and tutor in New Zealand and England. The final section of our article focuses on the ways in which both women have been represented in the national memories of Australia and New Zealand. In so doing, we show that understandings about nationhood are also transnational, and that writing about Francis and Dolling reflects the shifting relationships between the three countries in the twentieth century.