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A Taxonomy of Dismissals

Hugh Collins

in Justice in Dismissal: The Law of Termination of Employment

Published in print:
1992
Published Online:
March 2012
ISBN:
9780198254355
eISBN:
9780191681479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198254355.003.0003
Subject:
Law, Employment Law

This chapter discusses and suggests that despite the diversity of issues of justice that are posed by dismissals, it is possible to approach the substantive and procedural questions of justice. This ... More


Powers of Trustees: Extent, Exercise, and Control

Roger J. Smith

in Plural Ownership

Published in print:
2005
Published Online:
March 2012
ISBN:
9780198298526
eISBN:
9780191685460
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298526.003.0008
Subject:
Law, Law of Obligations

One of the most difficult issues concerns the balance of power between beneficiaries and trustees. In this chapter, the issue on how the beneficiaries can limit and control the actions of trustees is ... More


The Principles of the Law of Restitution

Graham Virgo

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199298501
eISBN:
9780191713613
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298501.001.0001
Subject:
Law, Law of Obligations

This book lays out the key principles underlying the law of restitution, a subject recognised by the House of Lords as a discrete body of law fifteen years ago. The law of restitution is concerned ... More


The Statutory Provisions Relating to Adjudication

The Rt Hon. Lord Justice Coulson

in Coulson on Construction Adjudication

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198822110
eISBN:
9780191932243
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822110.003.0003
Subject:
Law, Company and Commercial Law

The provisions relating to adjudication are set out in Part II of the 1996 Act, as amended by the 2009 Act. They are included at Appendix A. The Scheme for Construction Contracts is at Appendix B. ... More


The Statutory Provisions Relating to Payment

The Rt Hon. Lord Justice Coulson

in Coulson on Construction Adjudication

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198822110
eISBN:
9780191932243
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822110.003.0004
Subject:
Law, Company and Commercial Law

At the heart of these provisions is the attempt to ensure that every construction contract contains a transparent and straightforward mechanism for the payment to the contractor of interim payments ... More


Reorganizations and Takeovers

Tom Smith

in Company Directors: Duties, Liabilities, and Remedies

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198754398
eISBN:
9780191927669
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754398.003.0033
Subject:
Law, Company and Commercial Law

The Companies Act, Parts 26, 27, and 28, ss 895–992, contain provisions about arrangements and reconstructions, mergers and divisions of public companies, and takeovers. Chapters 1 and 2 of Part ... More


Judgment Days

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

Published in print:
2014
Published Online:
August 2016
ISBN:
9780801451904
eISBN:
9780801470301
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451904.003.0014
Subject:
Law, Environmental and Energy Law

This chapter considers the aftermath of the trial examined in previous chapters by analyzing some legal close calls on Westway's side. Because the Army Corps had granted the Westway permit and the ... More


The Concept of a Meeting and Quorum

Leslie Kosmin QC and Catherine Roberts

in Company Meetings and Resolutions: Law, Practice, and Procedure

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198832744
eISBN:
9780191932335
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198832744.003.0002
Subject:
Law, Company and Commercial Law

The need to hold a meeting will arise in many different and diverse situations. All meetings are subject to procedural rules and regulations of the particular institution that has convened the ... More


Costs and Fees

The Rt Hon. Lord Justice Coulson

in Coulson on Construction Adjudication

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198822110
eISBN:
9780191932243
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198822110.003.0013
Subject:
Law, Company and Commercial Law

This part of this chapter addresses four areas of debate which have arisen in the reported cases in connection with the costs of adjudication. There is what might be termed the usual position as to ... More


Determining the Sentence

John Sprack and Michael Engelhardt–Sprack

in A Practical Approach to Criminal Procedure

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198843566
eISBN:
9780191932403
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843566.003.0028
Subject:
Law, Criminal Law and Criminology

Chapter 22 dealt with the procedure which the court follows prior to passing sentence. The sentencer should therefore have the information upon which to decide sentence. That decision involves a ... More


Office-Holders

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0011
Subject:
Law, Company and Commercial Law

At one level the title ‘office-holder’ is merely a convenient way generically to refer to the person (liquidator, administrator, or supervisor) who has the conduct of the insolvency proceeding in ... More


The Insolvent Estate

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0014
Subject:
Law, Company and Commercial Law

The insolvent estate is comprised of the property which is the subject matter of an insolvency proceeding. It is important that there is clarity in this respect. If the proceeding is distributive, ... More


13 Judgment Days

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

Published in print:
2014
Published Online:
August 2016
ISBN:
9780801451904
eISBN:
9780801470301
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451904.003.0014
Subject:
Law, Environmental and Energy Law

This chapter considers the aftermath of the trial examined in previous chapters by analyzing some legal close calls on Westway's side. Because the Army Corps had granted the Westway permit and the ... More


Article 16—Claims to Fair Compensation

Eleonora Rosati

in Copyright in the Digital Single Market: Article-by-Article Commentary to the Provisions of Directive 2019/790

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858591
eISBN:
9780191890772
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858591.003.0017
Subject:
Law, EU Law, Intellectual Property, IT, and Media Law

This chapter talks about claims to fair compensation covered in Article 16 of the European copyright directive, Directive 2019/790. It explains the transfer of a licensed right from a publisher, ... More


Directors’ Liabilities: Provision of Insurance

Stuart Hill

in Company Directors: Duties, Liabilities, and Remedies

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198754398
eISBN:
9780191927669
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754398.003.0025
Subject:
Law, Company and Commercial Law

The Companies Act, s 233 deals with the provision of insurance as a valid means of indemnifying a director against liability attaching to him in connection with any negligence, default, breach of ... More


Appeals from the Magistrates’ Courts

John Sprack and Michael Engelhardt–Sprack

in A Practical Approach to Criminal Procedure

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198843566
eISBN:
9780191932403
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843566.003.0033
Subject:
Law, Criminal Law and Criminology

Appeal to the Crown Court is only by a person convicted. The other two procedures are available to any person aggrieved by a magistrates’ court decision, which includes both a convicted accused and ... More


Duty to Exercise Independent Judgment

Haywood Martin

in Company Directors: Duties, Liabilities, and Remedies

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198754398
eISBN:
9780191927669
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754398.003.0016
Subject:
Law, Company and Commercial Law

The 2006 Act, s 173(1) codifies the established principle of law under which directors must exercise their powers independently, without subordinating their powers to the will of others, whether by ... More


Committal for Sentence

John Sprack and Michael Engelhardt–Sprack

in A Practical Approach to Criminal Procedure

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198843566
eISBN:
9780191932403
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198843566.003.0015
Subject:
Law, Criminal Law and Criminology

Where a defendant is convicted or pleads guilty in the magistrates’ court, the magistrates will usually proceed to sentence, in accordance with the procedure detailed in Chapter 22. In doing so, ... More


Duty Not To Accept Benefits From Third Parties

Marcus Haywood

in Company Directors: Duties, Liabilities, and Remedies

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198754398
eISBN:
9780191927669
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198754398.003.0019
Subject:
Law, Company and Commercial Law

The duty of a director not to accept benefits from a third party, now stated in the 2006 Act, s 176, is part of the broader duty not to profit from his position as a director without the company’s ... More


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