Thefts by employees raise interesting legal and practical issues for banks and other employers who wish to recover their money in civil actions. Immediately, there is the problem…
Abstract
Thefts by employees raise interesting legal and practical issues for banks and other employers who wish to recover their money in civil actions. Immediately, there is the problem of the variable standard of proof required when pursuing a civil remedy for theft. Where spouses or others participate in the employees' theft the law of constructive trusts may also need to be examined. Additionally, there are important practical concerns associated with the gathering of evidence and the proof of loss. In this paper the writer considers those legal and practical concerns and then, by way of illustration, concentrates on the recent case of Bank of England v Gibson and others.
Gone are the days when a bank could concentrate on providing a reliable service to its customer, and maintain that as part of that service it could guard the confidentiality of…
Abstract
Gone are the days when a bank could concentrate on providing a reliable service to its customer, and maintain that as part of that service it could guard the confidentiality of all information learnt in the course of the customer's banking. Formerly, a customer could be relatively confident that information about his or her business affairs would not be disclosed save in fairly limited circumstances, and the bank would not trouble itself as to how these affairs were conducted. Current legislation and regulation requires a bank to be aware of the commercial background to its clients' dealings and, in certain circumstances, to take steps to report criminal conduct or to account to third parties.
Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this…
Abstract
Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this purpose. Most of the attention has been on financial services, but there have been recent developments in the UK planning system, which provide interesting parallels.
Information is power — so it has been said — and nowhere has this statement been realised more significantly than in the banking industry. IT and banking in the 1990s and going…
Abstract
Information is power — so it has been said — and nowhere has this statement been realised more significantly than in the banking industry. IT and banking in the 1990s and going forward to the next millennium are tightly bonded. It is now more difficult to determine whether business drives technology or the other way round. Given this scenario, one of the most important facets of managing IT in a bank is that of information security.
Section 2 of the Criminal Justice Act 1987 abrogates the right to silence since a suspect is required to answer questions in pre‐trial investigations by the SFO, although the…
Abstract
Section 2 of the Criminal Justice Act 1987 abrogates the right to silence since a suspect is required to answer questions in pre‐trial investigations by the SFO, although the answers are inadmissible as evidence unless proceedings are brought under s. 2(14) for giving false information or by s. 2(8), where the individual ‘makes a statement inconsistent with it’. In a previous article, the writer has considered the necessity and effectiveness of s. 2 powers. It is also instructive to analyse the conceptual basis of s. 2 powers since this will aid in the interpretation of statutory ambiguities and will allow the courts to have a uniformity of approach when seeking to resolve the statutory ambiguities. The conceptual basis is also important as concerns the resolution of where the line lies between the effective investigation of offences pursuant to s. 2 and the rights of the individual subject to such questioning. A critical examination of the above issues demands steering a careful course between normative rules and theory: in this area above all others it is impossible and undesirable to divorce one from the other.
The short answer is no. Notable examples of anti‐corruption laws are available. But there is probably no single example that one would elevate to a definitive universal model…
Abstract
The short answer is no. Notable examples of anti‐corruption laws are available. But there is probably no single example that one would elevate to a definitive universal model. This short briefing will focus first on the multilateral efforts of the Organization of the American States (OAS) against corruption and secondly, on the new anti money‐laundering legislation of the Bahamas with references to other major countries, as another perspective apart from the perspectives of other regions.
Morten Eriksen and Tarjei Thorkildsen
In most jurisdictions a suspect has the right to remain silent during criminal proceedings and he cannot be penalised for making false statements. This is loosely known as the…
Abstract
In most jurisdictions a suspect has the right to remain silent during criminal proceedings and he cannot be penalised for making false statements. This is loosely known as the ‘ban on self incrimination’ and is regarded as an important factor in due process protection of individuals subject to criminal proceedings. The right to silence applies only to the stage of criminal proceedings, and up to date it has surprisingly not been seriously debated. A criminal may have caused individuals and society major loss, damage or suffering; in principle one would expect that he would be obliged to assist in the clearing‐up of the case, particularly if this could ameliorate or repair the negative consequences of the crime. But this is not the way it is looked at. The suspect is under pressure, and must not be faced with the choice of lying or confessing.
This paper analyses how disaster risk management paradigms have gradually developed since the 1960s, shaped by practical experience of-and the debate about-the rising number of…
Abstract
This paper analyses how disaster risk management paradigms have gradually developed since the 1960s, shaped by practical experience of-and the debate about-the rising number of disasters, growing urbanization, and changing climatic conditions. In this context, climate change is shown as driving an urban pro-poor adaptation agenda, which could allow current shortcomings in urban risk reduction to be overcome. However, as past lessons in disaster risk management are rarely considered, any potential for improvement remains untapped. Possible ways of rectifying this situation are discussed, and a comprehensive framework for the reduction of both disaster and climate risks is presented.
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Javaria Javaid, Saira Soroya and Khalid Mahmood
The purpose of this study is to examine the attitude of faculty members towards knowledge-sharing in the University of Education, Lahore. The impact of personal and organizational…
Abstract
Purpose
The purpose of this study is to examine the attitude of faculty members towards knowledge-sharing in the University of Education, Lahore. The impact of personal and organizational factors that may contribute to effective knowledge-sharing among the university’s teaching staff is also analyzed. The factors affecting the willingness of the faculty members to share knowledge are broadly classified as “organizational” and “personal” factors.
Design/methodology/approach
A questionnaire-based survey was conducted on permanent teaching staff working at different campuses of the University of Education all over the province of Punjab, Pakistan. The survey instrument for this study was adapted from four studies. The questionnaires were distributed among 246 faculty members personally.
Findings
The findings of the study showed that the faculty members were familiar with the importance of knowledge-sharing and were also interested in sharing their knowledge and expertise with others. The results showed that organizational factors (trust, reward system and organizational culture) played a vital role in enhancing the knowledge-sharing attitude of faculty members. The impact of these factors on knowledge-sharing attitude was significant.
Originality/value
This is the very first study which explored the personal and organizational factors of knowledge-sharing in a specific academic institution from Pakistan. The findings of the research provided useful insights to the management of the University of Education particularly and other universities in general to design strategies for enhancing knowledge-sharing culture in the higher education institution. These findings may also be helpful for other developing countries.
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Tessa Withorn, Carolyn Caffrey, Joanna Messer Kimmitt, Jillian Eslami, Anthony Andora, Maggie Clarke, Nicole Patch, Karla Salinas Guajardo and Syann Lunsford
This paper aims to present recently published resources on library instruction and information literacy providing an introductory overview and a selected annotated bibliography of…
Abstract
Purpose
This paper aims to present recently published resources on library instruction and information literacy providing an introductory overview and a selected annotated bibliography of publications covering all library types.
Design/methodology/approach
This paper introduces and annotates English-language periodical articles, monographs, dissertations, reports and other materials on library instruction and information literacy published in 2018.
Findings
The paper provides a brief description of all 422 sources, and highlights sources that contain unique or significant scholarly contributions.
Originality/value
The information may be used by librarians and anyone interested as a quick reference to literature on library instruction and information literacy.