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Article
Publication date: 1 March 2001

Slynn LJ, Nolan LJ, Hoffmann LJ, Hutton LJ, Clyde LJ and Joanna Gray

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…

116

Abstract

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).

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Journal of Financial Regulation and Compliance, vol. 9 no. 3
Type: Research Article
ISSN: 1358-1988

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Article
Publication date: 1 March 1996

Sandeep Savla

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…

71

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.

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Journal of Financial Crime, vol. 4 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 January 1997

Sandeep Savla

Serious fraud trials are the sum of their component parts such that examination of one particular area often repays attention. The Roskill Fraud Trials Committee's criticisms were…

116

Abstract

Serious fraud trials are the sum of their component parts such that examination of one particular area often repays attention. The Roskill Fraud Trials Committee's criticisms were the backdrop for the Criminal Justice Act 1987 and the enhanced investigatory powers that are to be found in s. 2 thereof. Seven years after the enactment of the 1987 Act it is apposite to examine whether in derogating from the confines of traditional criminal evidential practices a certain level of procedural and substantive fairness has been maintained. The Police and Criminal Evidence Act 1984 and its application to the rights of a suspect are also of importance. 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.

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Journal of Financial Crime, vol. 4 no. 3
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 March 1995

Sandeep Savla

Serious fraud trials are the sum of their component parts such that examination of one particular area often repays attention. The Roskill Fraud Trials Committee's criticisms were…

132

Abstract

Serious fraud trials are the sum of their component parts such that examination of one particular area often repays attention. The Roskill Fraud Trials Committee's criticisms were the backdrop for the Criminal Justice Act 1987 and the enhanced investigatory powers that are to be found in s. 2 thereof. Seven years after the enactment of the 1987 Act it is apposite to examine whether in derogating from the confines of traditional criminal evidential practices a certain level of procedural and substantive fairness has been maintained. The Police and Criminal Evidence Act 1984 (PACE) and its application to the rights of a suspect are also of importance. A critical examination of the above issues demands steering a careful course between prescriptive rules and theory: in this area above all others it is impossible and undesirable to divorce one from the other.

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Journal of Financial Crime, vol. 3 no. 2
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 18 October 2024

Tina Saksida, Michael Maffie, Katarina Katja Mihelič, Barbara Culiberg and Ajda Merkuž

Drawing on psychological contract (PC) theory and platform labor research, the purpose of our study was to explore gig workers’ reactions to perceived PC violation. Our study was…

215

Abstract

Purpose

Drawing on psychological contract (PC) theory and platform labor research, the purpose of our study was to explore gig workers’ reactions to perceived PC violation. Our study was set against the backdrop of the COVID-19 pandemic, which brought workplace health and safety issues into much sharper focus, even in nonstandard employment arrangements like gig work.

Design/methodology/approach

This study employed a mixed-methods design. In Study 1, we tested a conceptual model of US-based ride-hail drivers’ (n = 202) affective and cognitive reactions to Uber’s (lack of) commitment to safe working conditions. In Study 2, we conducted interviews with 32 platform workers to further explore an unexpected finding from Study 1.

Findings

In Study 1, we found that drivers’ perceptions of PC violation were related to decreased trust in Uber and higher intentions to leave this line of work; however, cynicism toward Uber only predicted withdrawal intentions for those drivers who did not believe that they had job alternatives available outside of gig work. We explored this further in Study 2, where we found that workers with low economic dependence on gig work could afford to be casually cynical toward the platform, while high-dependence workers felt “trapped” in this line of work.

Originality/value

We contribute to the social/relational theoretical approach to gig work more broadly and to the literature on PC in platform work more specifically. We also add to the emerging literature on how economic dependence shapes workers’ experience of platform work. Our findings around low-dependence gig workers experiencing a more indifferent form of cynicism – which we have termed casual cynicism – highlight the importance of treating the context of gig work as unique, not merely an extension of traditional management research.

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Journal of Managerial Psychology, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0268-3946

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Article
Publication date: 1 February 1992

Patricia J. Marshall

Traces the events which led up to the US savings and loan crisis.Discusses the role that the property appraiser played in the process.Concludes that the savings and loan crisis…

158

Abstract

Traces the events which led up to the US savings and loan crisis. Discusses the role that the property appraiser played in the process. Concludes that the savings and loan crisis not only helped to identify chronic weakness and problems in the structure of the profession but also helped to solve those problems.

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Journal of Property Valuation and Investment, vol. 10 no. 2
Type: Research Article
ISSN: 0960-2712

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Article
Publication date: 1 June 2007

Jonas Sandberg and Henrik Eriksson

Few studies have been conducted into the contextual and relational aspects of male caregiving that include analysis by gender and family relationships. The aim was to gain…

139

Abstract

Few studies have been conducted into the contextual and relational aspects of male caregiving that include analysis by gender and family relationships. The aim was to gain understanding of the experience of older men as caregivers for an ill spouse. A narrative approach was adopted for this study. Interviews were conducted with three older men between 65 and 78 years, who had been caring for their wives for between one and 12 years. Two main categories emerged: taking on a new and unfamiliar role, and learning to live with the new role. The results also show how the men seek to maintain continuity in their relationships with the wives they are caring for. The findings can be understood in the light of a major life transition of how older men providing care for a spouse create new roles and how they cope with the changes in the marital relationship. A sense of continuity in the process of caring is important for men to help them find the strength to continue as caregivers.

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Quality in Ageing and Older Adults, vol. 8 no. 2
Type: Research Article
ISSN: 1471-7794

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Article
Publication date: 1 March 1995

Kit Jarvis

The Law Commission has recently examined fiduciary relations and securities regulation. The purpose of this paper is a re‐examination of some of the questions posed in the…

66

Abstract

The Law Commission has recently examined fiduciary relations and securities regulation. The purpose of this paper is a re‐examination of some of the questions posed in the Consultation Paper (No. 124) published in April 1992, in the light of recent case law, pending the imminent publication of the Commission's final report on the matter.

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Journal of Financial Crime, vol. 3 no. 2
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 5 January 2015

Jonathan Mukwiri

– This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery.

1883

Abstract

Purpose

This paper aims to assess the effectiveness of the Bribery Act 2010 in curbing corporate bribery.

Design/methodology/approach

The paper takes a doctrinal focus in assessing UK bribery law using both primary and secondary sources.

Findings

This paper finds that the effectiveness of the Bribery Act 2010 in curbing bribery lies in its approach of changing the basis for corporate criminal liability from focusing on the guilt of personnel within the company to focusing on the quality of the system governing the activities of the company. Companies have to address the risks of bribery or risk facing liability for failure to prevent bribery. With its regulatory approach to corporate liability, coupled with its extraterritorial reach, the Bribery Act is likely to change business cultures that facilitate bribery, thereby proving an effective law to corporate bribes.

Originality/value

This paper highlights the deficiency of earlier laws in tackling corporate bribery, examines the crime of bribery from a company law perspective and argues that the regulatory strategy in the Bribery Act is likely to be an effective tool against bribery.

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Journal of Financial Crime, vol. 22 no. 1
Type: Research Article
ISSN: 1359-0790

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Article
Publication date: 1 April 2000

In preparing this report, the compliance sub‐group has set out to (a) summarise the current compliance regime as a matter of law and practice, (b) identify particular problem…

210

Abstract

In preparing this report, the compliance sub‐group has set out to (a) summarise the current compliance regime as a matter of law and practice, (b) identify particular problem areas within that regime concerning public sector officials (PSOs), and (c) suggest recommendations for change. The result may be seen as providing features of a ‘model’ compliance structure designed to cause difficulties for corrupt PSOs seeking to launder the proceeds of their corruption; UK law and practice has formed the springboard for the model, but it should be stressed that in order to be of any utility any suggested changes would have to be adopted (effectively) universally throughout the financial world. Piecemeal adoption by one or a few states would merely be likely to drive the tainted monies elsewhere, and would not serve the desired purpose of reducing the extent/profitability of corruption.

Details

Journal of Money Laundering Control, vol. 4 no. 2
Type: Research Article
ISSN: 1368-5201

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