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Financial Ombudsman Service

Financial Ombudsman Service Online Dispute Resolution in the Financial Ombudsman Service The UK Financial Ombudsman Service was established by statute in 2000 as the mandatory ADR body in the financial services sector. Its function is to resolve disputes between consumers and UK-based financial businesses quickly and with minimum formality. Its casework process is designed around the principle that a dispute is usually best resolved at the earliest possible stage and that most problems can be resolved without needing a formal determination by an ombudsman. Businesses covered by the ombudsman have the opportunity to resolve disputes before the service becomes involved, but they must resolve complaints promptly – and always in fewer than eight weeks. Once a complaint is referred to the service, its process is geared towards early and informal resolution. Its case-handlers (‘adjudicators’) attempt to facilitate an amicable resolution to the dispute between the two parties, usually resulting in adjudicators writing to parties with their view on what the fair and reasonable outcome should be. If both parties agree (which typically happens in around 90% of cases), the dispute is resolved. But either party may disagree and ask for the case to be referred to an ombudsman for final, […]

HM Courts and Tribunals Service

HM Courts and Tribunals Service HM Courts & Tribunals Service was created in 2011 as an executive agency of the Ministry of Justice (MoJ). The Ministry of Justice is one of the largest government departments bringing together areas responsible for the administration of the courts, tribunals, legal aid, sentencing policy, prisons, the management of offenders and matters concerning laws and rights. The Agency operates as a partnership between the Lord Chancellor, the Lord Chief Justice and the Senior President of Tribunals. The creation of HM Courts and Tribunals Service was from the old services of the Tribunals Service and HM Courts Service. HM Courts & Tribunals Service provides the system of support, including infrastructure and resources, for the administration of the business of the courts in England and Wales and those tribunals throughout the United Kingdom, for which the Lord Chancellor is responsible. The agency provides the support necessary to enable the judiciary, tribunal members and magistracy to exercise their judicial functions independently. The HM Courts and Tribunals Service works with an independent judiciary to provide a fair, efficient and effective justice system. Staff The Chief Executive is responsible for the day-to-day operations and administration of the HM Courts and Tribunals Service and for the leadership of its staff. […]

Ministerial Departments

Ministerial Departments Attorney General’s Office: Works with 4 agencies and public bodies: the Crown Prosecution Service, the Government Legal Department, the Serious Fraud Office and the HM Crown Prosecution Service Inspectorate Cabinet Office: Works with 21 agencies and public bodies Department for Business, Innovation and Skills BIS: Works with 50 agencies and public bodies Department for Communities and Local Government: Works with 9 agencies and public bodies Department for Culture, Media and Sport: Works with 41 agencies and public bodies Department for Education: Works with 9 agencies and public bodies Department for Environment, Food and Rural Affairs: Works with 35 agencies and public bodies Department for International Development: Works with 2 agencies and public bodies: the Commonwealth Scholarship Commission in the UK and the Independent Commission for Aid Impact Department for Transport: Works with 19 agencies and public bodies Department for Work and Pensions: Works with 13 agencies and public bodies Department of Energy and Climate Change: Works with 9 agencies and public bodies Department of Health: Works with 26 agencies and public bodies Foreign and Commonwealth Office: Works with 11 agencies and public bodies HM Treasury: Works with 9 agencies and public bodies Home Office:Works with 29 agencies and publi c bodies Ministry of Defence: Works with 30 agencies […]

Incorporated Council of Law Reporting

Incorporated Council of Law Reporting (ICLR) The ICLR was founded (as the Council for Law Reporting) in 1865 specifically to address the need for consistent and reliable coverage of those decisions that demonstrated not only the activity of justice but also the development of the common law. In its marketing material, the Incorporated Council of Law Reporting recently described itself as the “Hansard of the courts”, in the sense of providing a permanent record of their deliberations. However, while the Law Reports as a series, almost uniquely, includes an account of oral hearings as well as of the judgments eventually given, they cannot be regarded as offering anything like a comprehensive account of all litigation. With the resources available, that would have been impossible. Moreover, printed reports cost money to produce and while the cost of subscriptions has, under the ICLR’s not-for-profit mission, always been kept as low as remains consistent with the costs of their preparation, it is not nothing. The Incorporated Council of Law Reporting does, however, provide free online summaries of the most important cases; something none of its commercial rivals is prepared to do. Since the Incorporated Council of Law Reporting was not under a duty […]

Prostitution

Prostitution This entry explores issues relating to prostitution policy and the commodification of sex, which, given recent Government reviews and consultations, is very much an issue exercising the public agenda at present. Typically, most discourse is driven by sociological perspectives. Complex social issues like prostitution demand a truly interdisciplinary analysis. Sex as a commodity inevitably divides opinion on moral, religious, political and even feminist grounds, like no other. And in respect of criminalisation who should be culpable? The purchaser or the seller? Many of the authors challenge current thinking about sex as a ‘consumer activity’ and the universal ‘victimisation’ of sex workers. No doubt some of the contentious assertions made may find less favour with officialdom, but when similar messages echo across a range of subject boundaries and are supported by original empirical research, then perhaps those in authority can be persuaded to at least consider alternative perspectives. There is recent government initiatives to reduce supply and demand by punishing those who seek to purchase sex while simultaneously facilitating ‘exit’ strategies for the women involved. The perennial impasse of whether ‘the oldest profession’ is an unacceptable, immoral and continuing patriarchal social practice that should be eradicated through criminalization; or a […]

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Criminal Law

Criminal Law General Principles Crime and sentence There is a main entry about this section in the Encyclopedia. The definition of a crime There is a main entry about this section in the Encyclopedia. The classification of offences There is a main entry about this section in the Encyclopedia. The elements of a crime: actus reus There is a main entry about this section in the Encyclopedia. The elements of a crime: mens rea There is a main entry about this section in the Encyclopedia. Crimes of negligence There is a main entry about this section in the Encyclopedia. Crimes of strict liability There is a main entry about this section in the Encyclopedia. Parties to crime There is a main entry about this section in the Encyclopedia. Assistance after the offence There is a main entry about this section in the Encyclopedia. Vicarious liability and liability of associations There is a main entry about this section in the Encyclopedia. General defences There is a main entry about this section in the Encyclopedia. Mental condition offences There is a main entry about this section in the Encyclopedia. Incitement, conspiracy and attempt There is a main entry about this section in […]

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List of Bilateral Treaties concluded by the EU and the UK

List of Bilateral Treaties concluded by the European Union and the United Kingdom This list comprises an alphabetical inventory of bilateral international agreements, in which the United Kingdom is a contracting party, concluded by the European Union, the European Community, the European Economic Community, the European Atomic Energy Community and the European Coal and Steel Community. There is a list of Multilateral Treaties concluded by the European Union, being the UK a contracting party, here. Additional Protocol to the Agreement between the European Community and its Member States,of the one part, and the Republic of Chile, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus,the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia,and the Slovak Republic to the European Union Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey following the enlargement of the European Union (Treaty not entered into force yet) Additional Protocol to the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic […]

Dictionary of English Law

Dictionary of English Law Jowitt’s Dictionary of English Law By the late the Right Honourable the Earl Jowitt and Clifford Walsh, ll.m., Solicitor of the Supreme Court. First edition: 1959 (2 Vols.) Second edition, by John Burke, Barrister, Sometime Editor of Current Law. [London: Sweet & Maxwell Ltd. 1977. 2 Vols.(with supplements): vii, 1,922 and (Bibliography) 13 pp. The Dictionary is offered by Westlaw UK. According to the book “Concise Legal Research” (Robert Watt, ‎Francis Johns – 2009), this legal dictionary “has been on the market for some time and is highly respected” is: Jowitt’s Dictionary of English Law, 2nd ed, 1977, in 2 vols with supplements. For “The Law Student’s Handbook” (Steve Wilson, ‎Phillip Kenny – 2010) may be “part in legal research—particularly so far as the busy practitioner is concerned” and “is quite detailed”. It was also the object of a book review by The Cambridge Law Journal / Volume 37 / Issue 02 / November 1978, pp 350-351. For example, the term bankruptcy in English law is defined by the Dictionary as ‘the name given to a variety of judicial or quasi-judicial proceedings, having for their main object the distribution of the property of an insolvent person among his creditors’ […]

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Oxford Dictionary of Law

Oxford Dictionary of Law Jonathan Law and Elizabeth A. Martin Latest Edition (8 ed.) It was cited, among others, by: The Culture of Equity in Early Modern England (M Fortier, 2013) Predicting financial distress using corporate efficiency and corporate governance measures (L Zhiyong, 2014) Law: a very short introduction (R Wacks, 2008) The effectiveness of the death penalty on the deterrence of the crime of murder: a Namibian socio-legal perspective (K Kgoadi, 2011) Health Law in England and Wales: A guide for mental health professionals (P Barber, R Brown, D Martin, 2012) Clash of insurance law principles: Madison general insurance Company Limited and Another V. Konkola Copper Mines (C. Mwanakulanga, 2013) Public administration and public management: the principal-agent perspective (JE Lane, 2005) El inglés jurídico norteamericano (EA Varó, C Miguélez, MAC Pardillos, 2001) Legal translation explained (E Alcaraz, B Hughes, A Pym, 2014) British politics today (B Jones, D Kavanagh, 2003) It contains over 4,200 entries that clearly define the major terms, concepts, processes, and the organization of the English legal system: ab initio ab intestato abandonment abatement abduction abet ABH abortion absconding absence absent parent absent-mindedness absente reo absolute absolute assignment absolute discharge absolute interest absolute privilege absolute right […]

Oxford Companion to Law

Oxford Companion to Law There is also an Oxford Companion to American Law. This legal encyclopaedia is a concise overview of a subject in law – not confined to English law, since there are many entries devoted to European Union law. Original Oxford Companion to Law Review Review of A F Rodger, “Good companion?” Oxford J Legal Studies (1981) 1 (2): 257-2647): “The Oxford Companion to Law is an extraordinary production. Including appendices, it runs to 1365 pages, all written by one man.(…) The amount of reading required must have been vast and one can well imagine that the staff of Glasgow University Library worked hard to earn the author’s thoughtful dedication of the work to that Library. Is it then a good companion? The immediate answer is ‘Yes’. It is excellent value at 417.5o and has the same kind of fascination as the Guinness Book of Records. Odd facts and strange names crowd every page. The articles are concise enough not to weary even the most grasshopperish of minds. So, if one of the hallmarks of a good companion is that he entertains, this book succeeds. But it seeks to do more than merely to entertain. The dust-jacket tells us that the Companion will be useful […]