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The aim of this paper is to determine the available remedies for medical negligence instances in Bangladesh.

This research work is qualitative in nature. Books, journal articles, case law and statutory laws have been reviewed to formulate this work.

A victim of medical negligence in Bangladesh can approach the court seeking remedy under the Criminal Law, Civil Law and Constitutional Law. Moreover, medical professionals are expected to be aware about the legal consequences of their medically negligent practices, and they should indulge in ethical practices so as to avoid getting embroiled in controversial situations and litigations.

The main reasons for unaccountability of medical practitioners include the unwillingness of people to initiate action against medical practitioners and the lack of legal knowledge about the remedies for medical negligence instances. This paper will assist in gather the required legal knowledge.

Enforcement of regulatory controls has traditionally been left to the criminal law. In the last 15 years there has been an increasing interest in using civil remedies for this purpose. Most of the attention has been on financial services, but there have been recent developments in the UK planning system, which provide interesting parallels.

The purpose of this paper is to identify and examine motivating factors for why public and private actors initiate costly and risky civil actions to recover loss due to corruption in an era of increasing multilateral consensus and cooperation against corruption and organised crime.

Research into recent global trends and types of civil lawsuits against corruption is conducted. Several cases, particularly from Canada, Hong Kong, the USA and the UK, are used to illustrate the attractions and difficulties of civil litigation. The implications of the recent international treaties on corruption are analyzed. Qualitative findings are made on a range of motivational factors that lie behind different types of civil actions against corruption.

The paper notes an apparent rise in interest in civil actions against corruption and describes five types of actions brought by governments and companies. Civil actions are indicative of the want of better alternatives to recovery. While recent anti‐corruption treaties help to remove barriers to civil actions, the treaties themselves cannot explain the increased interest in civil lawsuits. Full explanation lies in the empowering effect of suing, the political significance of these lawsuits particularly for a new regime suing to recover plundered property from the old regime, and the ease by which a lawsuit can be launched.

This paper contributes to the literature in identifying types of civil actions against corruption, the practical and political motivations behind civil actions, and the positive relationship between international cooperation regimes and civil actions.

The exclusionary rule remains one of the most controversial doctrines in America’s constitutionalized criminal procedure. Jurists and commentators criticize the American exclusionary rule as a rule unique to American jurisprudence. Though American jurists and commentators’ criticism focuses on the Fourth Amendment exclusionary rule, the criticism of the American exclusionary rule with reference to practices in foreign countries serves to create and maintain the misconception that the United States is the only country that has the exclusionary rule. The belief that the exclusionary rule exists only in the United States is far from accurate. This article examines the historical development and the current status of exclusionary rules in the United States, England, France, Germany, and Italy. Attentions are especially devoted to analyzing the characteristics of the American exclusionary rule with reference to exclusionary rules in other countries.

The purpose of this paper is to analyse the nature and content of the laws relating to market abuse with a view to determining whether they only offer a civil law remedy for the State. The three categories of insider dealing as defined by the Criminal Justice Act 1993 clearly offer a criminal law based response, but as is shown here virtually all cases of market abuse can potentially be a basis for a criminal prosecution.

The methodology adopted is to consider the other relevant areas of law, namely the Fraud Act 2006, the law of conspiracy to defraud and the law relating to misleading communications under s.397 of the Financial Services and Markets Act 2000 and then to determine whether between them they cover all the areas of behaviour caught by the definitions of market abuse.

The consequences of this paper are that the Serious Fraud Office and the Financial Conduct Authority now have the option in almost any case of market abuse of considering whether a criminal or civil law approach is appropriate.

The approach adopted over the last two years by the prosecuting authorities of using the criminal law to a greater extent in serious cases of insider dealing can now be extended to market abuse generally where it is thought appropriate.

Whilst the criminal justice system has evolved over the last seven years, it can be argued that the ability of the current criminal justice system in England and Wales to deal with the investigation, prosecution and trial of serious and complex fraud can still be challenged. Using material gathered whilst undertaking research for the Diploma in Compliance Studies at Exeter University, this paper makes a number of recommendations in this context. The existence of civil remedies and the regulatory structure created under the Financial Services Act 1986 may offer a limited opportunity to deal with some categories of commercial malpractice in an expedient and cost‐effective manner, outside the scope of the criminal justice system. This paper derives from research carried out with the purpose of reviewing the investigation, prosecution and trial of serious fraud in England and Wales in order to assess whether commercial malpractice is in fact a proper subject for ‘public law’, or whether it could be more effectively and expediently dealt with through civil law remedies, or by the self‐regulatory agencies created under the Financial Services Act 1986. This paper represents a summary of the main findings and interpretations of that research, which included interviews with three experts in the field. In considering this issue, one is bound in two ways. If one concludes that the criminal justice system can offer an effective and efficient method of the disposal of commercial fraud, the arguments for and against the use of the regulatory system become commensurably less significant. If, however, the conclusions suggest that major legislative and procedural changes are required to facilitate the effective and efficient prosecution of commercial fraud, the scope for use of regulatory sanctions where appropriate takes on a greater significance. Thus there are two elements in the writer's conclusion. First, there was concern to assess the veracity of the conclusions drawn by the Fraud Trials Committee in 1986 to the present, and other problems faced by the criminal justice system in the investigation, prosecution and trial of commercial fraud. Secondly, it was important to consider arguments for and against the use of regulatory sanctions for the disposal of commercial crime. The conclusions drawn from a review of the problems faced by the criminal justice system are, it is suggested, fundamental to the question of whether the increased use of regulatory sanctions is necessary, or desirable.

It is undoubtedly the case that advertising plays a significant part in modern economic life in most societies and many view it as an essential part of the operation of a free market system. Yet it is also the case that our knowledge of how exactly it works and whether the vast amounts spent on it are justified is still uncertain. Lord Leverhulme, the founder of Lever Brothers, is credited with the famous aphorism — ‘one half of advertising does not work but nobody knows which half’ and that perhaps sums up the situation very well. One thing that is generally accepted is that some protection must be provided both to consumers and trade competitors from false or misleading advertising which can lead to market distortions and economic loss to purchasers. Increasingly controversial, however, is the scope and extent of legal and voluntary controls on advertising. In the advertising industry fears are rising about the volume of both national and EEC proposals to restrict or limit advertising and as we move from the '80s, a decade of conspicuous consumption in which advertising flourished, to the caring '90s where environmental issues are to the fore, the advertising industry faces major challenges. Advertising as a whole is facing severe economic and legal challenges after the massive expansion of the 1980's — it is estimated that there was a 4% fall in real terms in UK advertising expenditure in the first quarter of 1990 and an estimated 5% fall in the second quarter. Clients are becoming more demanding and the cosy cartel arrangement whereby advertising agencies made a 15% standard commission on a client's expenditure has gone — commissions are down to 12%‐13% or being replaced by fixed fees. It has been estimated by the Advertising Association that proposed legal restrictions could lead to a loss of £1 bn in revenue for the industry. Multi‐farious pressure groups are campaigning against drink advertising, cigarette advertising and sexism in adverts. The advertising industry's concerns are reflected in a recent report by the Advertising Association — ‘A Freedom Under Threat — Advertising in the EC’. The report indicates a number of areas where legislative controls have been introduced or are proposed to be introduced over the next few years and expresses the fear that controls may be going too far in limiting freedom of ‘commercial speech’. Martin Boase, chairman of the Advertising Association writes in his introduction to the report:

Societies may differ in their views as to what constitutes corruption, although the concept finds universal manifestations. Experts have different perspectives on the meaning, causes and effects of this universal phenomenon. While a few take an inter‐disciplinary approach, positions are more often influenced by the respective discipline. The literature on the subject is vast and diversified. Any attempt to summarize it here would not do it justice. It may be useful, however, to begin this paper by sharing with the reader some of the main findings based on that literature.

The miners' strike of 1984–5 does not lend itself easily to general conclusions. It was, and it is hoped will remain, unique. Nevertheless, it laid bare some significant trends and developments in the policing of industrial disputes, which have, in several respects, been reinforced by subsequent events. My purpose in this article is to identify and analyse what happened in the policing of the strike in that context, in an attempt to highlight the implications of contemporary techniques of policing disputes and of the context in which policing takes place. My central thesis is that recent developments in policing disputes are potentially dangerous for civil liberties, for the police themselves and for industrial relations.