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Article
Publication date: 1 January 1995

Dillon LJ, Leggatt LJ and Kennedy LJ

Westdeutsche Landesbank Girozentrale (hereinafter referred to as ‘the Bank’) entered into a ten‐year interest rate swap agreement with Islington London Borough Council…

245

Abstract

Westdeutsche Landesbank Girozentrale (hereinafter referred to as ‘the Bank’) entered into a ten‐year interest rate swap agreement with Islington London Borough Council (hereinafter referred to as ‘the Council’).

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Journal of Financial Regulation and Compliance, vol. 3 no. 1
Type: Research Article
ISSN: 1358-1988

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Article
Publication date: 1 April 1999

Michael Chan

Money laundering is established as a criminal offence and, to date, the prosecution of money laundering has been the responsibility of the Criminal Prosecution Service (CPS) and…

75

Abstract

Money laundering is established as a criminal offence and, to date, the prosecution of money laundering has been the responsibility of the Criminal Prosecution Service (CPS) and the Serious Fraud Office (SFO). However, the Financial Services and Markets Bill will provide the Financial Services Authority (FSA) with the power to bring a prosecution for offences under the Money Laundering Regulations. This may result in some confusion as to who should prosecute, particularly as it is established that all three bodies cannot prosecute the same crime since this would allow the defendant to claim double jeopardy. It should be noted that the FSA has stated that it will only prosecute for failing to maintain adequate controls against money laundering and that prosecutions for money laundering itself will be left to the criminal prosecution authorities. Despite this limitation there will still be an overlap between offences that the CPS, SFO and FSA may prosecute. The situation is further clouded, as the FSA will also be able to undertake a disciplinary action. A disciplinary action for money laundering has not been specifically mentioned in the Financial Services and Markets Bill. However, the FSA is most likely to introduce an and money‐laundering statement of principle, particularly as the reduction of financial crime is one of the objectives of the FSA. If a regulated person or institution is found to breach this, they will be subject to a penalty imposed under disciplinary proceedings. In addition, a blanket provision of ‘misconduct’ would also trigger the imposition of a penalty. Therefore, the possibility arises of a criminal prosecution by the FSA for failing to maintain adequate controls against money laundering, a prosecution by the CPS or SFO for money laundering itself and for failure to maintain adequate controls as well as an FSA disciplinary action.

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Journal of Money Laundering Control, vol. 3 no. 2
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 1 March 2000

Jonathan Fisher

Significant problems arise where an investigating authority searches premises for relevant material and the holder of the material asserts a claim of legal privilege over some, if…

82

Abstract

Significant problems arise where an investigating authority searches premises for relevant material and the holder of the material asserts a claim of legal privilege over some, if not all, of the documents concerned. Invariably the holder's claim is rejected by the investigating authority, either on the ground that legal privilege does not attach to the category of material in question, or if it does attach, the privilege falls away because the material was brought into existence to further a fraudulent purpose. How are disputes between the investigating authority and the holder of the material to be resolved? How is the true status of the material to be determined?

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Journal of Money Laundering Control, vol. 4 no. 1
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 1 May 1998

662

Abstract

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Journal of Property Valuation and Investment, vol. 16 no. 2
Type: Research Article
ISSN: 0960-2712

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Article
Publication date: 1 January 1993

J.R. Carby‐Hall

In this essay it is proposed first to draw the important distinction which exists in practice between the collective and procedure agreements and explain briefly the respective…

254

Abstract

In this essay it is proposed first to draw the important distinction which exists in practice between the collective and procedure agreements and explain briefly the respective functions of each of these. An examination will then follow of the current legal status of the collective agreement in Great Britain where a discussion and analysis of various aspects of legal non‐enforceability will take place.

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Managerial Law, vol. 35 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 May 1996

Howard Johnson

The announcement in the press on May 15 1996 that the daughter of a mother who died of Creutzfeldt Jacobs disease is launching legal action against the UK Government for failing…

310

Abstract

The announcement in the press on May 15 1996 that the daughter of a mother who died of Creutzfeldt Jacobs disease is launching legal action against the UK Government for failing in its duty of care to inform the public about the dangers of eating beef is a timely reminder of the horrendous commercial and legal consequences which can follow if an unsafe product gets onto the consumer market. The ‘mad cow’ disease crisis in the UK and the alleged link between BSE in cows and CJD in humans is likely to have a devastating impact on the medium and long term future of the British beef industry and raises serious issues about the failure to take appropriate steps at the right time to prevent such a crisis occurring. The purpose of this article is to examine the legal regime for preventing unsafe products reaching the marketplace in the first place. It will focus on non‐food products, though many of the provisions discussed also apply to food.

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Managerial Law, vol. 38 no. 5
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 March 2001

Mohammed B. Hemraj

This paper, which in part includes historical analysis, examines the following questions: (a) Whose duty is it to guard against fraud, misappropriation and defalcation perpetrated…

190

Abstract

This paper, which in part includes historical analysis, examines the following questions: (a) Whose duty is it to guard against fraud, misappropriation and defalcation perpetrated by the employees? (b) To what extent are auditors and directors directly responsible for such detection and prevention? The issue will be analysed and explored from cases originating from the UK and Australia.

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Journal of Financial Crime, vol. 9 no. 1
Type: Research Article
ISSN: 1359-0790

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Book part
Publication date: 25 November 2024

Mike Nash and Andy Williams

Abstract

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Politics and Public Protection
Type: Book
ISBN: 978-1-83753-529-3

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Article
Publication date: 1 July 1997

Belinda Schwehr

In the context of a recent judicial review case, the Court of Appeal has delivered, on the one hand, a powerful weapon for people with disabilities who need social services, but…

46

Abstract

In the context of a recent judicial review case, the Court of Appeal has delivered, on the one hand, a powerful weapon for people with disabilities who need social services, but, on the other, managerial implications which are bound to be keeping budget holders awake at night. The final outcome of the case — due for hearing before the Lords at some point in the next year — may well have wider implications for changes to social services legislation generally. The significance of this case for local authorities, practitioners and users of community care services is analysed and commented upon in this article. Further, the interplay between the concept of statutory discretion and the emergent legal doctrine of substantive legitimate expectation is considered, and its significance for social services attitudes and practice is articulated.

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Tizard Learning Disability Review, vol. 2 no. 3
Type: Research Article
ISSN: 1359-5474

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Article
Publication date: 4 February 2022

Arezoo Gazori-Nishabori, Kaveh Khalili-Damghani and Ashkan Hafezalkotob

A Nash bargaining game data envelopment analysis (NBG-DEA) model is proposed to measure the efficiency of dynamic multi-period network structures. This paper aims to propose…

190

Abstract

Purpose

A Nash bargaining game data envelopment analysis (NBG-DEA) model is proposed to measure the efficiency of dynamic multi-period network structures. This paper aims to propose NBG-DEA model to measure the performance of decision-making units with complicated network structures.

Design/methodology/approach

As the proposed NBG-DEA model is a non-linear mathematical programming, finding its global optimum solution is hard. Therefore, meta-heuristic algorithms are used to solve non-linear optimization problems. Fortunately, the NBG-DEA model optimizes the well-formed problem, so that it can be solved by different non-linear methods including meta-heuristic algorithms. Hence, a meta-heuristic algorithm, called particle swarm optimization (PSO) is proposed to solve the NBG-DEA model in this paper. The case study is Industrial Management Institute (IMI), which is a leading organization in providing consulting management, publication and educational services in Iran. The sub-processes of IMI are considered as players where their pay-off is defined as the efficiency of sub-processes. The network structure of IMI is studied during multiple periods.

Findings

The proposed NBG-DEA model is applied to measure the efficiency scores in the IMI case study. The solution found by the PSO algorithm, which is implemented in MATLAB software, is compared with that generated by a classic non-linear method called gradient descent implemented in LINGO software.

Originality/value

The experiments proved that suitable and feasible solutions could be found by solving the NBG-DEA model and shows that PSO algorithm solves this model in reasonable central process unit time.

Details

Journal of Modelling in Management, vol. 18 no. 2
Type: Research Article
ISSN: 1746-5664

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