Consumer Bankruptcy Law Reform in Scotland, England and Wales

2006 ◽  
Author(s):  
Adrian Walters ◽  
Donna W. McKenzie Skene
2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.


2021 ◽  
Vol 72 (3) ◽  
Author(s):  
Jennifer Schweppe

While hate crime legislation is well established in England and Wales, Scotland, and Northern Ireland, Ireland has failed to address the issue of hate crime on a statutory basis. Law reform processes are currently underway across these jurisdictions, and this article seeks to explore a fundamental question in this context, that is, the relative merits of various approaches to structuring hate crime legislation.


Author(s):  
Porzycki Marek ◽  
Rachwał Anna

This chapter discusses the law on creditor claims in Poland, where a comprehensive insolvency law reform is ongoing. In May 2015, Parliament adopted the final text of the Restructuring Law (RL). Due to enter into force on 1 January 2016, it will cover four restructuring proceedings: arrangement approval; fast arrangement; arrangement; and reorganization. Their common aim will be rescuing the debtor’s enterprise via an arrangement adopted by a majority of creditors. They will apply in case of both threatened and actual insolvency, and replace the current reorganization bankruptcy and rarely used rehabilitation proceedings. The existing Bankruptcy and Rehabilitation Law will have its provisions on reorganization bankruptcy and rehabilitation proceedings repealed, and be renamed ‘Bankruptcy Law’. The chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.


1995 ◽  
Vol 54 (2) ◽  
pp. 430-446
Author(s):  
Jacob S. Ziegel

BRITISH commercial law scholars, of whom Prof. Roy Goode and Prof. Aubrey Diamond are two conspicuous examples, have long been attracted to the possibility of using Article 9 of the American Uniform Commercial Code as a basis for modernising and restructuring the English law of chattel security. As readers of Part V of the Crowther Report1 will know, this was the road to reform which the Crowther Committee recommended to the British government as long ago as 1971. In the course of his eighth Crowther Memorial Lecture, given at Queen Mary College in 1983,2 Prof. Goode expressed the hope that before the end of the decade England and Wales would enact the recommendations in the Crowther Report. We know now that he was too sanguine but our hopes were revived when Prof. Diamond submitted his lucid, and in the view of this writer and many others, highly persuasive recommendations to the Department of Trade and Industry in 1989.3


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