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…
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’).
The law relating to tracing is complicated, littered with inconsistencies and possibly now verging on a state of disarray. The complications are ever increasing as the topic…
Abstract
The law relating to tracing is complicated, littered with inconsistencies and possibly now verging on a state of disarray. The complications are ever increasing as the topic becomes inevitably intertwined with the law relating to constructive trusts and restitution. This article concentrates on a specific aspect of the law of tracing, namely, the extent to which one can trace money paid into an overdrawn bank account.
Leggatt LJ, Swinton Thomas LJ, Mummery LJ and Joanna Gray
Bishopscourt (BS) Ltd (formerly known as Barings Securities Ltd, BSL) was an indirect subsidiary of Barings plc (the English holding company of the Barings group). BSL and its…
Abstract
Bishopscourt (BS) Ltd (formerly known as Barings Securities Ltd, BSL) was an indirect subsidiary of Barings plc (the English holding company of the Barings group). BSL and its subsidiaries carried out agency and own account futures and securities trading. Barings Futures Singapore Pte Ltd (BFS), a Singapore incorporated company which traded on the Singapore International Monetary Exchange (SIMEX), was in turn an indirect subsidiary of BSL, and, therefore, of Barings plc too.
The ambit and application of s. 15 Theft Act 1968 have received considerable appellate scrutiny lately:
DILLON, LEGGATT, HENRY LJJ and Joanna Gray
This case concerned an attempt by the liquidators of Bishopsgate Investment Management Ltd (BIM) the trustee of assets belonging to pension schemes for employees of Maxwell…
Abstract
This case concerned an attempt by the liquidators of Bishopsgate Investment Management Ltd (BIM) the trustee of assets belonging to pension schemes for employees of Maxwell companies to recover some of the large amounts of BIM's pension fund monies which had been improperly paid into bank accounts of Maxwell Communication Corporation PLC group companies and private sector companies owned by Maxwell, his family and trusts set up by him.
Interdata (UK) Ltd, and in particular a director, Mr Colin French, devised a computer program to provide information on past price movements of shares to investors. The SIB's…
Abstract
Interdata (UK) Ltd, and in particular a director, Mr Colin French, devised a computer program to provide information on past price movements of shares to investors. The SIB's concern with the marketing of this programme by Interdata (UK) Ltd was that it might constitute the provision of investment advice and therefore require authorisation under the Financial Services Act 1986 (FSA). For that reason, SIB had been showing concern for some months and Interdata (UK) Ltd had therefore shown SIB the operation of the program. However, without warning on 10th September, 1996 Interdata received a letter (dated 9th September) from SIB pursuant to its power of investigation in s.105 FSA addressed to Mr French requiring him to produce by 4.30 pm on 12th September, 1996 the following categories of documents:
The aim of this article is to examine those philosophical and structural factors which have been responsible for shaping sentencing policy for economic crime in the UK and to…
Abstract
The aim of this article is to examine those philosophical and structural factors which have been responsible for shaping sentencing policy for economic crime in the UK and to analyse some key decisions of the Court of Appeal (Criminal Division) in this area.
Liberal democratic states have involved the use of private companies for purposes of detention and the debate is whether such involvement is only for immigration control or…
Abstract
Purpose
Liberal democratic states have involved the use of private companies for purposes of detention and the debate is whether such involvement is only for immigration control or whether they are primarily for macro-economic benefits. This paper aims to present the argument that a State wishing to detain migrants must do so within the purview of immigration control and in conformity to international human rights standards rather than other latent reasons such as macro-economic benefits. The exponential growths of immigration detention over the years, this paper argues, smack of latent reasons with unarguably macro-economic benefits accruing to these States.
Design/methodology/approach
The methodology is doctrinal research focusing on immigration detention and privatization. Doctrinal research is library-based and reliance will be placed on primary and secondary materials such as legislations, case laws, soft laws on the one hand and textbooks, journals, articles, legal encyclopedia, databases and many valuable websites on the other hand.
Findings
Findings have been made of similarities in State practice between the UK, the USA and Australia and conclude that the trend is worrying given that privatization of the detention estate lends credence to the fact that growing international prison industry influences prison and detention policies.
Research limitations/implications
These have portent implications for the violations of the rights of detainees and weaken the protection of rights under international human rights law.
Originality/value
The originality of this paper lies in its ability to unravel the legitimacy of immigration detention in the face of privatization and macro-economic benefits accruing to States, thereby querying the availability of the rights of migrants within the remit of State practice.
Details
Keywords
Leaving aside implied obligations of landlords to repair, imposed by statute, the precise words employed in express covenants to repair are of considerable importance. This aspect…
Abstract
Leaving aside implied obligations of landlords to repair, imposed by statute, the precise words employed in express covenants to repair are of considerable importance. This aspect of dilapidations is often not given enough weight and no apology is made for repeating certain basic comments on leading cases.