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Bankruptcy: Law and Practice (Elgar Corporate and Insolvency Law and Practice series)
by Alaric Watson Stephen BaisterBankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.Alaric Watson and Stephen Baister provide an up-to-date and in depth analysis of every aspect of bankruptcy law. In addition, this new work also examines the historical and socio-economic context in which this field of law operates and the policies that govern it, the impact of the death or incapacity of the debtor, the interrelationship between bankruptcy and both matrimonial law and employment law and various cross-border considerations.Key Features:Exploration of the jurisdictional and procedural requirements for initiating bankruptcy proceedings and their immediate effectsInsights into the role and powers of the Official Receiver and the trustee in bankruptcy, and the administration of the estate and the realisation of assetsInvestigation into the undoing of antecedent transactionsDiscussion of the processing of creditors’ claims and the distribution of dividends and how orders may be reviewed, appealed or annulledBankruptcy: Law and Practice is essential reading for lawyers, insolvency practitioners, academics and students concerned with issues relating to personal insolvency.
Bankrupts and Usurers of Imperial Russia: Debt, Property, And The Law In The Age Of Dostoevsky And Tolstoy (Harvard Historical Studies #187)
by Sergei AntonovAs readers of Russian literature know, the nineteenth century was a time of pervasive financial anxiety. Russians of all classes were enmeshed in networks of credit and debt, and borrowing and lending shaped perceptions of material and moral worth. Sergei Antonov recreates this imperial world of borrowers, bankrupts, lenders, and loan sharks.
Banks: Fraud And Crime
by Joseph J. Norton George A. WalkerBanks: Fraud and Crime explores the main issues which arise in bank fraud world-wide and looks at the possible options available for corrective action. A series of leading commentators examine the basic nature of bank fraud and financial crime, comparing the legal and regulatory framework in England to those in place in the USA and elsewhere. Banks: Fraud and Crime also takes a detailed look at the core issue of money laundering at a national, regional and international level as well as considering the many other complex issues arising from bank fraud and financial crime.
Banks and Financial Crime: The International Law of Tainted Money
by William Blair, Richard Brent and Tom GrantThis thoroughly revised and updated new edition provides a practical guide for banks and their lawyers in respect of their regulatory responsibilities, their private law duties, their liabilities to third parties, and their obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction) as they relate to "tainted money". It also sets the law in its national and international policy context and pays particular attention to the international sources of the relevant law. It draws on the expertise of civil and criminal practitioners, public international lawyers, and overseas (in particular US) lawyers. The second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the Fifth Session of the Conference of States Parties to the UN Convention against Corruption (November 2013). UN Security Council Resolutions, in particular resolution 1904 of 17 December 2009 which established the delisting ombudsperson (in response to criticism by national courts), have been considered. The book considers the work of international bodies such as the Financial Action Task Force and new primary legislation at domestic and European level, including the Fourth Money Laundering Directive. Additionally, decisions of the European Court of Human Rights, the Court of Justice of the European Union and national courts are analysed and explained. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system. In a concluding chapter, it gives an overview of the emerging response of courts and regulators (national, EU, and international) to the challenges presented by new technologies such as Bitcoin and other virtual currencies.
Banks and Financial Crime: The International Law of Tainted Money
This thoroughly revised and updated new edition provides a practical guide for banks and their lawyers in respect of their regulatory responsibilities, their private law duties, their liabilities to third parties, and their obligations to assist persons seeking the recovery of assets (including regulatory bodies within and without the jurisdiction) as they relate to "tainted money". It also sets the law in its national and international policy context and pays particular attention to the international sources of the relevant law. It draws on the expertise of civil and criminal practitioners, public international lawyers, and overseas (in particular US) lawyers. The second edition addresses recent practice under the main international conventions, including the Sixth Session of the Conference of the Parties to the UN Convention against Transnational Organized Crime (October 2012) and the Fifth Session of the Conference of States Parties to the UN Convention against Corruption (November 2013). UN Security Council Resolutions, in particular resolution 1904 of 17 December 2009 which established the delisting ombudsperson (in response to criticism by national courts), have been considered. The book considers the work of international bodies such as the Financial Action Task Force and new primary legislation at domestic and European level, including the Fourth Money Laundering Directive. Additionally, decisions of the European Court of Human Rights, the Court of Justice of the European Union and national courts are analysed and explained. It also provides a further assessment of the extent to which there has emerged an international law of tainted money to complement the emergence of an international financial system. In a concluding chapter, it gives an overview of the emerging response of courts and regulators (national, EU, and international) to the challenges presented by new technologies such as Bitcoin and other virtual currencies.
Banks and Remedies
by William BlairThis text looks at the options that the law provides, both domestically and internationally. It also explains the various opportunities available to reduce risk and organize and administer rescue packages for ailing institutions. This edition addresses the new civil procedures rules in England; arbitration in banking and finance; rescues; EC remedies and English law remedies.
Banks and Remedies
by William Blair QcThis text looks at the options that the law provides, both domestically and internationally. It also explains the various opportunities available to reduce risk and organize and administer rescue packages for ailing institutions. This edition addresses the new civil procedures rules in England; arbitration in banking and finance; rescues; EC remedies and English law remedies.
Banks, Bankers, and Bankruptcies Under Crisis: Understanding Failure and Mergers During the Great Recession
by D. ChorafasBanks, Bankers, and Bankruptcies Under Crisis uses case studies of failed banks, banks that would have failed without taxpayer intervention, and in some cases banks obliged to merge under government pressure, to better understand global banking today.
Banks, Consumers and Regulation
by Peter CartwrightRecent developments in law, public policy, and regulation have ensured that questions regarding the relationship between banks and their customers have seldom been out of the spotlight. This important book provides a timely, original, and critical examination of the role of the law in regulating banks in the interests of the consumer. The work examines the social and economic rationales for, and the objectives of banking regulation. In so doing, it focuses on the crucial role of regulation in the protection of the consumer. The book then provides a critical appraisal of the principal techniques by which regulation is delivered and protection ensured. Such techniques include prior approval by licensing, continued supervision, and information remedies such as disclosure. The work also looks at how the law protects depositors of insolvent banks through financial compensation schemes, and how it provides consumer redress through mechanisms for ensuring access to justice, in particular ombudsmen. Finally, the book looks at the topical question of consumer access to banking services, and considers the extent to which the law can justify placing social obligations on banks in the consumer interest. This is the first monograph to examine these important topics in this way.
A Bank's Duty of Care
by Danny Busch Cees Van DamIn recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.
A Bank's Duty of Care
by Danny Busch Cees Van DamIn recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank's duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective.
Banks: Fraud and Crime
by Joseph Norton George WalkerBanks: Fraud and Crime explores the main issues which arise in bank fraud world-wide and looks at the possible options available for corrective action. A series of leading commentators examine the basic nature of bank fraud and financial crime, comparing the legal and regulatory framework in England to those in place in the USA and elsewhere. Banks: Fraud and Crime also takes a detailed look at the core issue of money laundering at a national, regional and international level as well as considering the many other complex issues arising from bank fraud and financial crime.
Banks in Crisis: The Legal Response (Routledge Revivals)
by Andrew Campbell Peter CartwrightThis title was first published in 2002: A detailed and critical analysis of the various legal problems that arise when banks are in serious financial difficulty, Banks in Crisis offers an invaluable, international perspective on the concept and causes of bank failure. It takes an authoritative and much-needed look at a number of key issues including: - Effective bank regulation as an instrument in the possible prevention of banking crises, with particular reference to the role of the Financial Services Authority in the UK, and the impact of the Financial Services and Markets Act 2000 - The role of the Bank of England in the new regulatory landscape, with particular reference to its function as lender of last resort - The legal controls on those involved in the management of banks - Insolvency procedures and bank liquidation - The use of depositor protection schemes. By drawing conclusions and weighing up the methods available to promote stability, prevent failure and promote rescues where appropriate, Banks in Crisis is an essential read and a welcome addition to this crucial area of research.
Banks in Crisis: The Legal Response (Routledge Revivals)
by Andrew Campbell Peter CartwrightThis title was first published in 2002: A detailed and critical analysis of the various legal problems that arise when banks are in serious financial difficulty, Banks in Crisis offers an invaluable, international perspective on the concept and causes of bank failure. It takes an authoritative and much-needed look at a number of key issues including: - Effective bank regulation as an instrument in the possible prevention of banking crises, with particular reference to the role of the Financial Services Authority in the UK, and the impact of the Financial Services and Markets Act 2000 - The role of the Bank of England in the new regulatory landscape, with particular reference to its function as lender of last resort - The legal controls on those involved in the management of banks - Insolvency procedures and bank liquidation - The use of depositor protection schemes. By drawing conclusions and weighing up the methods available to promote stability, prevent failure and promote rescues where appropriate, Banks in Crisis is an essential read and a welcome addition to this crucial area of research.
Banks, Liability and Risk
by William BlairBanks, Liability and Risk, 3rd Edition, is a probing look at the risks faced by banks and other lending institutions, showing problems typically faced by these institutions and highlighting the legal remedies available, with copious references to case law and precedents. The nature of the risks and liabilities which banks are exposed to are continually changing. This new edition has been completely revised to incorporate these changes, so that you can provide your clients and colleagues with the most up-to-date advice.
Banks, Liability and Risk
by William Blair QcBanks, Liability and Risk, 3rd Edition, is a probing look at the risks faced by banks and other lending institutions, showing problems typically faced by these institutions and highlighting the legal remedies available, with copious references to case law and precedents. The nature of the risks and liabilities which banks are exposed to are continually changing. This new edition has been completely revised to incorporate these changes, so that you can provide your clients and colleagues with the most up-to-date advice.
Banned in Berlin: Literary Censorship in Imperial Germany, 1871-1918 (Monographs in German History #25)
by Gary D. StarkImperial Germany’s governing elite frequently sought to censor literature that threatened established political, social, religious, and moral norms in the name of public peace, order, and security. It claimed and exercised a prerogative to intervene in literary life that was broader than that of its Western neighbors, but still not broad enough to prevent the literary community from challenging and subverting many of the social norms the state was most determined to defend. This study is the first systematic analysis in any language of state censorship of literature and theater in imperial Germany (1871–1918). To assess the role that formal state controls played in German literary and political life during this period, it examines the intent, function, contested legal basis, institutions, and everyday operations of literary censorship as well as its effectiveness and its impact on authors, publishers, and theater directors.
Banning ‘Conversion Therapy’: Legal and Policy Perspectives
by Ilias Trispiotis and Craig PurshouseThis book looks at why and how states should legally ban LGBTQ+ 'conversion therapy'. Few states have legislated against the practice, with many currently considering its legal ban. Banning 'Conversion Therapy' brings together leading academics, legal and medical practitioners, policymakers, and activists to illuminate the legislative and non-legislative steps that are required to protect individuals from the harms of 'conversion therapy' in different contexts. The book considers how best to address this complex and interdisciplinary legal problem which cuts across human rights law, criminal law, family law, and socio-legal studies, and which represents one of the key contemporary problems of LGBTQ+ equality and national and international human rights activism.
Banning ‘Conversion Therapy’: Legal and Policy Perspectives
This book looks at why and how states should legally ban LGBTQ+ 'conversion therapy'. Few states have legislated against the practice, with many currently considering its legal ban. Banning 'Conversion Therapy' brings together leading academics, legal and medical practitioners, policymakers, and activists to illuminate the legislative and non-legislative steps that are required to protect individuals from the harms of 'conversion therapy' in different contexts. The book considers how best to address this complex and interdisciplinary legal problem which cuts across human rights law, criminal law, family law, and socio-legal studies, and which represents one of the key contemporary problems of LGBTQ+ equality and national and international human rights activism.
Banning them, securing us?: Terrorism, parliament and the ritual of proscription (Manchester University Press)
by Lee Jarvis Tim LegrandBanning them, securing us? explores the proscribing – or banning – of terrorist organisations within the United Kingdom across a period of twenty years. The process of banning specific organisations, Jarvis and Legrand argue, is as much a ritualistic performance of liberal democracy as it is a technique for increasing national security from the threat posed by terrorism. Characterised by a repetitive script, an established cast of characters and a predictable outcome, this ritual provides an important contribution to the construction of Britain as a liberal, democratic, moderate space. It does so, paradoxically, through extending the reach of a power that has limited political or judicial oversight and considerable implications for rights, freedoms and political participation.Offering a discursive analysis of all British Parliamentary debates on the banning of terrorist organisations since the introduction of Britain’s current proscription regime in 2000, this book provides the first sustained treatment of this counter-terrorism power in the United Kingdom and beyond.
Banning them, securing us?: Terrorism, parliament and the ritual of proscription (Manchester University Press)
by Lee Jarvis Tim LegrandBanning them, securing us? explores the proscribing – or banning – of terrorist organisations within the United Kingdom across a period of twenty years. The process of banning specific organisations, Jarvis and Legrand argue, is as much a ritualistic performance of liberal democracy as it is a technique for increasing national security from the threat posed by terrorism. Characterised by a repetitive script, an established cast of characters and a predictable outcome, this ritual provides an important contribution to the construction of Britain as a liberal, democratic, moderate space. It does so, paradoxically, through extending the reach of a power that has limited political or judicial oversight and considerable implications for rights, freedoms and political participation. Offering a discursive analysis of all British Parliamentary debates on the banning of terrorist organisations since the introduction of Britain’s current proscription regime in 2000, this book provides the first sustained treatment of this counter-terrorism power in the United Kingdom and beyond.
Bareboat Charters (Lloyd's Shipping Law Library)
by Mark DavisThis book examines for the first time the Barecon 2001 form which was adopted by the Documentary Committee of BIMCO in November 2001. The title explains the nature and formation of a bareboat charter, and examines and comments upon each of the clauses contained in the new form, drawing comparisons with the Barecon 89 form. It gives separate consideration to the form and the issues that arise in the context of finance charters and leases. It also provides valuable guidance upon the admiralty and arrest jurisdiction of the English court in relation to bareboat charters. The second edition has been thoroughly revised and updated, with extended commentary on the issues arising in the context of bareboat charters regarding insolvency, insurance and the provisions for new buildings.
Bareboat Charters (Lloyd's Shipping Law Library)
by Mark DavisThis book examines for the first time the Barecon 2001 form which was adopted by the Documentary Committee of BIMCO in November 2001. The title explains the nature and formation of a bareboat charter, and examines and comments upon each of the clauses contained in the new form, drawing comparisons with the Barecon 89 form. It gives separate consideration to the form and the issues that arise in the context of finance charters and leases. It also provides valuable guidance upon the admiralty and arrest jurisdiction of the English court in relation to bareboat charters. The second edition has been thoroughly revised and updated, with extended commentary on the issues arising in the context of bareboat charters regarding insolvency, insurance and the provisions for new buildings.
The Barefoot Lawyer: The Remarkable Memoir of China’s Bravest Political Activist
by Chen GuangchengIt was like a scene out of a thriller: one morning in April 2012, China’s most famous political activist—a blind, self-taught lawyer—climbed over the wall of his heavily guarded home and escaped. For days, his whereabouts remained unknown; after he turned up at the American embassy in Beijing, a furious round of high-level negotiations finally led to his release and a new life in the United States. Chen Guangcheng is a unique figure on the world stage, but his story is even more remarkable than we knew. The son of a poor farmer in rural China, blinded by illness when he was an infant, Chen was fortunate to survive a difficult childhood. But despite his disability, he was determined to educate himself and fight for the rights of his country’s poor, especially a legion of women who had endured forced sterilizations under the hated 'one child' policy. Repeatedly harassed, beaten, and imprisoned by Chinese authorities, Chen was ultimately placed under house arrest. After a year of fruitless protest and increasing danger, he evaded his captors and fled to freedom. Both a riveting memoir and a revealing portrait of modern China, this passionate book tells the story of a man who has never accepted limits and always believed in the power of the human spirit to overcome any obstacle.
Barlow’s Cohabitants and the Law
by David Josiah-LakeAs the number of couples choosing to live together (and not to marry) is on the rise, it is essential that access to what their legal rights and obligations are is readily available. The fourth edition of Barlow's Cohabitants and the Law provides a wealth of both new and updated information on important issues affecting cohabiting couples such as cohabitation agreements, disputes in relation to children, the family home and tax and social security. Part I focuses on the ongoing relationship and Part II with relationship breakdown.There have been significant legislative, procedural and case law developments since the publication of the third edition in all of the key areas of family, child, land and trust law that impact on cohabiting couples in much the same way as married couples, eg:- New child maintenance regulations (CMS)- Family Procedure Rules 2010- Human Fertilisation and Embryology Act 2008- Adoption and Children Act 2002 - Stack v Dowden [2007] UKHL 17, [2007] 2 ALL ER 929- Jones v Kernott [2011] UKSC 53, [2012] 1 AC 776; and - Bhurra v Bhurra [2014] EWHC 727, [2014] All ER (D) 213 (Mar) Mention is also be made of EU jurisdiction distinctions/differences.The practical stance of the work is enhanced by a precedents and checklist section, and the provision of a number of 'at a glance' comparative tables setting out the rights of cohabitants, married couples and civil partners in relation to property and housing, financial provision following breakdown of the relationship, child maintenance, death, pensions and more.