Charges over book debts in the United Kingdom and Australia : the way forward

Is it possible to create a fixed charge over book debts? This question was recently decided by the House of Lords in National Westminster Bank plc v. Spectrum Plus Limited & Ors [2005] UKHL 41 where the full House was against the idea of a fixed charge on book debts and insisted that only a
floating charge had been created. The law in this area is still vague and uncertain in Australia. This article argues that the financiers and the companies should be given the freedom to decide how they wish to structure their charge documents. The article sets out to argue that it is possible to create a sustained workable fixed charge or even a multiple combination of fixed and floating charge over book debts and argues that this would be the only way for both the financiers and the companies to do business together, in respect to the use of book debts as security for a loan. The author explains how this could be possible and how the proposed model would not deny the statutory priority rights of the preferential creditors.

Estimating the user cost of soil erosion in tea smallholdings in Sri Lanka

Soil erosion in developing countries is a widespread problem causing considerable economic damage. It still remains an intractable problem in many countries. Available research findings on costs of soil erosion indicate them to be high. Soil erosion continues to be a problem due to the difficulties of estimating the economic damages and attendant difficulties in developing effective control policies. This paper considers soil to be a nonrenewable resource and estimates the marginal user costs using a yield damage function. Results indicate user costs to be low for individual farms. The low user costs are due to some of the assumptions made with respect to a number of parameters such as prices of tea, costs, and technological developments. The results also indicate that marginal user costs are sensitive to prices, soil depth and soil loss.

User perceptions and acceptance of benevolent worms - a matter of fear?

Worms and other forms of malware have been considered by IT Security firms and large companies for many years as one of the leading threats to the integrity of their data and security. However, several researchers over recent years have been working on creating worms which, instead of causing harm to machines which they infect, or the networks on which the machines reside, actually aid the network and systems administrators. Several uses of these worms have been proposed by these researchers, including, but not limited to, rapid remote patching of machines, network and system administration through use of their unique discovery and propagation methods, actively hunting, and defending against, other forms of malware such as "malevolent" worms, viruses, spyware, as well as increasing reliable communication of nodes in distributed computing. However, there has been no hint of commercial adoption of these worms, which one researcher has described as being due to a fear factor'. This paper concentrates on assessing and delivering the findings of user attitudes towards these worms in an attempt to find out how users feel about these worms, and to try and define and overcome the factors which might contribute to the fear factor'.

Supporting user evaluation of IT security certification schemes

IT Security Certification is an increasingly important qualification for information technology (IT) professionals seeking employment in IT security. Yet currently there is a lack of rigorously developed approaches to support the evaluation and selection by key stakeholders of the most appropriate IT security certification scheme from among hundreds of vendor-neutral and vendor-specific schemes. This paper develops a framework based on categories, characteristics and criteria to support user evaluation and selection of an (IT) Security Certification scheme that satisfies user priorities and requirements. The paper illustrates the use of the framework to support an experienced IT Professional’s evaluation. Theoretical and practical implications of the framework and trial evaluation are discussed.

Designing the temporal aspects of the user interface: Views from the coal face

We aim to support user interface designers in capturing, representing and reasoning about temporal information. We have developed a method to support user interface designers in considering how the temporal aspects of software impact the user. Importantly the method is based on a detailed analysis of data from a set of situated interviews that capture the views of practicing user interface designers. This paper discusses the background research and the motivation for the method.

Design of user interfaces for job shop environment

User-computer interface development has gone through rapid development in recent years. These developments, however, have not yet been fully implemented in management information system (MIS) design for job shop manufacturing situations. Most of the commercially available MISs are operationally inflexible and do not support management in report generation and decision making, particularly in job shops. This paper describes a framework in developing system user interfaces for job shop manufacturing situations to highlight how a generic information system can be made more useful to managerial decision making. Object-oriented programming technology has been used to provide flexible access to information stored by a generic MIS. Twenty interfacing programs have been developed. For illustration, only three of those interface programs relating to generation of strategic level management reports are discussed here.

Fixed and floating charges : the latest conflicting law and how to address the gaps

Can book debts be subject to a fixed charge? This question was considered by the House of Lords in National Westminster Bank v. Spectrum Plus Limited [2005] UKHL 41 where the full House was against the idea of a fixed charge on book debts and insisted that only a floating charge had been created. The law in this area is still vague and uncertain in Australia. This paper argues that the financiers and the companies should be given the freedom to decide how they wish to structure their charge documents. The paper sets out to argue that, in respect to the use of book debts as security for a loan, the only way for both the financiers and the companies to do business is to create a sustained workable fixed charge or even multiple fixed and floating charge on book debts. The author explains how this could be possible and how the proposed model would not deny the statutory priority rights of the preferential creditors.

Intranet and internet uptake and usage within UK building surveying practices. A user based evaluation of advantages and disadvantages

The ‘single most important technological discovery since the birth of the p.c.’, (Gates, 1996). The swift increase in Internet utilisation within businesses and surveying has changed working methods within UK based Surveying practices. User numbers expanded rapidly since the early 1990’s and estimates place a figure of 150 million internet users globally (www.Yahoo.com, 2000). Sloan and Kee Low (2000) established that ‘e-commerce’ is a revolutionary way of trading and conducting business activities. There are opportunities for surveying practices including, reducing communication time, increasing revenues from new and existing sources, enhanced client satisfaction and competitive advantage (Cronin, 1996). Others (Dixon, 1998) perceive threats, such as ‘disintermediation’, to the traditional role of the surveyor.

This research examined the levels of internet and intranet access within the UK Building and Quantity Surveying practices and corporate firms to establish how the internet has affected working methods and client requirements. The research method comprised a qualitative approach using an email and postal questionnaire survey of a random sample of practices. The questionnaire findings formed the basis of semi structured interviews conducted with senior management of large practices to gain a deeper understanding of the issues identified within the survey.

Data analysis revealed the traditional role of the surveyor as a broker of information may be under threat in the long term. Generally levels of internet access in the sample exceed that of general business levels (Dti, 2000) with the largest growth pre 1997. The perceived advantages and barriers to Intranet and Internet usage were identified by the research.