Wives are Told: Don't Blame the Bank, Sue Your Solicitor: Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705

This case note considers the Court of Appeal decision in Royal Bank of Scotland v. Etridge (No. 2) and other appeals [1998] 4 All E.R. 705. It concerns the familiar scenario of a wife jointly mortgaging (or providing a guarantee for a mortgage of) the family home in order to secure financial support for a business run by her husband. The House of Lords decision in Barclays Bank v O'Brien [1994] A.C. 180 has given rise to a range of litigation in this area, and the spotlight has now moved from the banks to an examination of the quality of advice given by solicitors. The banks have heeded the warnings in O'Brien and now insist that wives are told to obtain independent legal advice. It will be seen that, following Etridge, if the bank tells the solicitor to give the wife legal advice upon undertaking the transaction, that will be sufficient to protect the bank, notwithstanding that the advice was either inadequate or even not actually given. The onus to ensure that proper advice is given is shifted squarely on to the solicitor. The note concludes that the decision is indicative of the shift of judicial opinion against wives seeking to avoid charges over matrimonial homes and in favour of banks. This revised version was published online in August 2006 with corrections to the Cover Date.     

Modified cobalt thiocyanate presumptive color test for ketamine hydrochloride

A new presumptive color test for ketamine hydrochloride is reported. The test is a modification of the cobalt thiocyanate test currently used for cocaine and involves basifying samples rather than acidifying them. The two-step procedure for liquids and three-step procedure for powdered samples are straightforward, definitive, and utilize reagents commonly used in forensic drug analysis. The test works on ketamine hydrochloride in both powder and liquid form and has a sensitivity of c. 1.25 mg. Performing the test with numerous other controlled substances and related chemicals demonstrates the test to be highly selective.     

The Impact of Distributive and Procedural Justice on Social Service Workers

The concepts of fairness and justice are embodied within the organizing principle of social justice. Although social justice is a primary focus of social work, social service workers are not always treated with fairness by their own employers. The results from a survey of 255 social service employees from a variety of agencies in Northwest Ohio indicate that distributive justice and procedural justice, two dimensions of organizational justice, are both significant predictors of job satisfaction and organizational commitment, with procedural justice having two to three times the impact of distributive justice.     

Contractual Limitations on the Auditor's Liability: An Uneasy Combination of Law and Accounting

Operative as from 6 April 2008, sections 532–538 of the Companies Act 2006 create a new liability limitation regime in contractual relationships between audit firms and companies in relation to the statutory audit function which overturns an almost eighty years old fundamental principle of company law. This new regime is the product of continuing pressure by the audit profession for liability reform and concern by Government regarding the market structure for audit services. This commentary critically evaluates the regime from law and accounting perspectives. It concludes by reflecting on its longer term implications for audit quality, perceptions of the audit profession and the evolution of a future research agenda.     

Drug trafficking, corruption, and violence in Mexico: mapping the linkages

Drug trafficking, drug-related violence and drug-related corruption have come to dominate Mexican politics in the late 2000s. Most consider corruption central to both the illicit trade and to the government’s war on it. But such relationships have yet to be fully examined and raise a number of questions. This paper explores the links among these variables. The opening section grapples with the theoretical puzzle. It lays out the different types of drug-related corruption and violence and explores in detail the three binary relationships with particular attention to plomo o plata and the possible inverse connection between corruption and violence. Noting that corruption was once associated with relatively peaceful drug trafficking under the PRI but today is tied to violence, the second section addresses the historical puzzle and asks how the complex relationship among these variables has changed in recent years. The final section explores the various dynamic linkages between drug-trafficking violence and corruption. The theoretical discussion is supplemented by examples from Mexico during the current period.