Publications

  • Chrispas Nyombi
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    ABSTRACT: This paper examines the role of market forces and regulation in combating conflicts of interest public companies. It refers to corporate governance failures and some of the regulatory responses.
    05/2012;
  • Chrispas Nyombi, Moses Wasswa Mulimira
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    ABSTRACT: This paper examines the protection afforded to persons with disabilities in employment. It examines both national and international legal frameworks. The Uganda Employment Act 2006 and Disability Act 2006 are explored in detail in order to identify how they protect disabled persons within the employment sphere and where they are failing.
    04/2012;
  • Chrispas Nyombi
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    ABSTRACT: This paper explores the role corporate personality has played in the battle between executive remuneration and fairness, which is linked to rewarding performance. This paper also explores some of the policy measures taken by the UK government to curb excessive remuneration especially in the banking sector. Overall, the paper shows how the ruling in Salomon, over a century ago, that cemented corporate personality and limited liability in UK, is hampering many of the measures aimed at rewarding performance and promoting fairness in relation to executive remuneration.
    International Journal of Law and Management. 04/2012; 56(3).
  • Chrispas Nyombi, Moses Wasswa Mulimira
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    ABSTRACT: Uganda is in the process of reforming the Mental Health Act 1964. The reforms proposed in the bill are critically examined in line with the demands of the international community i.e the United Nations Convention on Rights of Persons with Disabilities 2006, UK Mental Health Act 2007 and World Health Organization Mental Health Legislation Checklist. Recommendations on further changes are made.
    02/2012;
  • Chrispas Nyombi, Diana Nankabirwa
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    ABSTRACT: This paper looks at the legal and practical challenges in determining the employment relationship. The distinction between a worker and an employee remains blurred centuries after the Kings Bench sought to bring clarity to this often-challenging area. However, the emergence of complex forms of employment relationships such as agency working, zero sum workers, freelancers and shareholding employees has only served to blur the binary divide between employee and self-employed. Despite the calls for reform coming from practitioners, judges, and prominent academics such as Mark Freedland and Simon Deakin, the age-old difficulties persist.
    02/2012;
  • Chrispas Nyombi
    The Law Teacher 01/2012; 46(2):197-203.
  • Chrispas Nyombi
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    ABSTRACT: The paper provides a roadmap on how the doctrine of ultra vires has been eroded over time. This paper begins by examining the emergence of the doctrine in company law. The historical account stretches back to the 16th century. It shows how the ultra vires rule was brought into company law by the judiciary to safeguard the interest of shareholders and creditors. The paper then looks at 20th century reforms such as the Companies Act 1989 buttressed by recommendations from various Government commissioned reports such as the Jenkins Committee Report and Prentice report. The paper highlights how judicial confusion, poor legislative craftsmanship and a myopic legislature led to a failure to implement these recommendations. The paper finishes by focusing on the state of ultra vires under the Companies Act 2006. It shows how the abolition of the objects clause has signalled the end of ultra vires. Today, it remains nothing more than a ghost that continued to haunt management.
    12/2011;
  • Chrispas Nyombi
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    ABSTRACT: The paper provides a roadmap on how the doctrine of ultra vires has been eroded over time. This paper begins by examining the emergence of the doctrine in company law. The historical account stretches back to the 16th century. It shows how the ultra vires rule was brought into company law by the judiciary to safeguard the interest of shareholders and creditors. The paper then looks at 20th century reforms such as the Companies Act 1989 buttressed by recommendations from various Government commissioned reports such as the Jenkins Committee Report and Prentice report. The paper highlights how judicial confusion, poor legislative craftsmanship and a myopic legislature led to a failure to implement these recommendations. The paper finishes by focusing on the state of ultra vires under the Companies Act 2006. It shows how the abolition of the objects clause has signalled the end of ultra vires. Today, it remains nothing more than a ghost that continued to haunt management.
    12/2011;
  • Chrispas Nyombi
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    ABSTRACT: This paper examines the major features of the Anglo-American corporate governance system. It focuses specifically on the UK and US and compares them with insider systems found in continental Europe and Asian countries.
    12/2011;
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    Chrispas Nyombi, Moses Wasswa Mulimira
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    ABSTRACT: Uganda has an outdated legal framework governming mental health. A critical review of both domestic and international frameworks has highlighted areas for reform. This paper provides an insight into the challenges that may be faced by individuals with mental health disabilities. Part one of the paper mainly focused on the Mental Health Treatment Act 1964, while the international legal framework formed a small part of the review. The second part of the paper which is due to be published soon will review the impact of the United Nations Convention on Rights of Persons with Disabilities on mental health treatment and access in Uganda.
    12/2011;
  • Chrispas Nyombi
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    ABSTRACT: This paper explores the various treaties put in place to protect the environment, as well as some of the sound cases on environmental law and their role in modern society. The aim is show that the environment is a bigger concern than ever and the policies in place are failing to address that concern.
    11/2011;
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    Chrispas Nyombi
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    ABSTRACT: This paper provides an examination of the corporate governance research gap within the Anglo-American Model. This paper offers a rallying call for research that combines numerous corporate governance areas rather than the occasional one. Areas such as takeover regulation and shareholders rights have generally received more attention compared to legal enforcement and stock market regulation. Even though all four areas are affected by agency problems, there is a lack of research that offers a comprehensive account of the areas in terms of function and development in UK and US. Such a broad research focus would only expose even deeper governance problems in the Anglo-American system. It is also difficult to argue for convergence or divergence between UK and US or between the Blockholder model and Anglo-American model if all abuse triggering areas have not been comprehensively studied.
    11/2011;
  • Chrispas Nyombi
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    ABSTRACT: The paper explores the importance of intellectual property for international businesses. It looks at the role played by various treaties and their limitations. This paper approaches intellectual property rights from an international law dimension to see whether universal rules on intellectual property are necessary. The paper clearly demonstrates that in today’s global economy, intellectual property rights are more important than ever.
    11/2011;
  • Chrispas Nyombi
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    ABSTRACT: It examines the priority hurdles floating charge holders have faced in a bid to secure their assets during liquidation. Areas examined include the prohibition of appointing an administrative receiver, the creation of the ring-fenced fund or prescribed part for the benefit of unsecured creditors, the ruling in the cases of Spectrum Plus and Re Brumark, and the issues in the Re Barleycorn Enterprises ltd v Re Leyland Daf Ltd.
    SSRN Electronic Journal 11/2011;
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    Chrispas Nyombi, Diana Nankabirwa
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    ABSTRACT: The paper argues against the introduction of cameras in British courts. Arguments for and against are weighed up.
    10/2011;
  • Chrispas Nyombi
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    ABSTRACT: This paper relays the history and evolution of the law governing asset distribution in insolvent liquidations. Pari Passu and priorities for secured and unsecured parties are examined.
    10/2011;
  • Chrispas Nyombi
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    ABSTRACT: This paper provides a circumspect examination Corporate Rescue Laws in order to ascertain whether subsequent reforms brought about any notable changes. It explores whether recommendations such as those in the Cork Committee Report 1982 were a complete, partial or total failure. However, it is likely that only partial success was achieved given recent statutory changes. Legal developments in Corporate Rescue Laws are examined through three centuries from a state of no recourse for troubled firms in the 19th century to a rescue dominated corporate world we live in today.
    02/2011;

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