Showing 1 - 10 of 17
China's rapid growth in the absence of autonomous legal institutions of the kind found in the west appears to pose a problem for theories which stress the importance of law for economic development. In this article we draw on interviews with lawyers, entrepreneurs and financial market actors to...
Persistent link: https://www.econbiz.de/10012965626
The fusion of law and equity in common law systems was a crucial moment in the development of modern Anglo-American law, with implications for the procedural, substantive and remedial aspects of law. This paper will introduce a volume of essays in which scholars undertake historical,...
Persistent link: https://www.econbiz.de/10012910728
This article examines the leading principles governing interpretation of written contracts under English law. This is a comprehensive and incisive analysis of the current law and of the relevant doctrines, including the equitable principles of rectification, as well as the powers of appeal...
Persistent link: https://www.econbiz.de/10013075669
The operation of the remedies for breach of the equitable duty of confidence are confused, largely because of a recent tendency to treat the action as a tort, with a consequent lack of emphasis of the equitable origins of the action for breach of confidence. This paper places the action and the...
Persistent link: https://www.econbiz.de/10013054260
Since the beginning of the financial crisis, various forms of public support have been employed to provide financial assistance to troubled banks. Any such operation involving public funds must comply with EU State aid rules in order to prevent competitive distortions between banks and member...
Persistent link: https://www.econbiz.de/10012980630
Unless it remains in the single market via membership of the EEA or is able otherwise to negotiate special access terms, after Brexit the UK will have to fall back on the third country provisions of EU financial services regulation. This paper examines the complexities of the current Union...
Persistent link: https://www.econbiz.de/10012982240
For more than two decades, the European Union has been experimenting with forms of policy coordination as a means of seeking influence in domains of policy that more typically fall within the competence and political authority of its Member States. Across economic, employment and social...
Persistent link: https://www.econbiz.de/10012983075
The European Commission's draft Directive on Bank Recovery and Resolution includes a framework for intra-group financial assistance in financial groups. This paper examines the nature of banking groups and the policy arguments for and against a regulated framework for intra-group support....
Persistent link: https://www.econbiz.de/10013104605
In the post-financial crisis regulatory reforms emphasis has been placed on creating recovery and resolution frameworks for banks, which ensure that the costs of failure are primarily born by shareholders, instead of taxpayers and the wider economy. Supervisors have (or will have) extensive...
Persistent link: https://www.econbiz.de/10013090244
This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the...
Persistent link: https://www.econbiz.de/10013075950