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1 – 10 of over 16000The aim of this paper is to survey some of the “hotspots” of potential Y2K‐related legal liability, as well as some of the Y2K regulatory requirements of which organisations need…
Abstract
The aim of this paper is to survey some of the “hotspots” of potential Y2K‐related legal liability, as well as some of the Y2K regulatory requirements of which organisations need to be aware.
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The purpose of this paper is to analyse how the liabilities arise in the UK-based parent company for wrongdoings of its overseas subsidiaries, especially under law of tort.
Abstract
Purpose
The purpose of this paper is to analyse how the liabilities arise in the UK-based parent company for wrongdoings of its overseas subsidiaries, especially under law of tort.
Design/methodology/approach
Qualitative methods have been used in this paper, using both primary and secondary data, i.e. Books, case Laws, legislations, international laws and journal articles.
Findings
The English Courts are, now, more broadly accepting the allegations against the UK-based parent companies for the actions of its subsidiaries, especially by improving the access to the remedy in the UK for foreign victims of corporate related harms, though concern remains in the case of criminal liabilities. Additionally, in case of the civil litigations, the early settlement of a dispute is also causing pressure to the victim by liming the wider deterrent effect.
Originality/value
This paper will help the lawyers and academic in the field of international corporate law, especially in the tortious claim of an overseas victim in the UK Court. Moreover, this paper identifies the lack of proper legislative guidance in this field.
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The purpose of this paper is to bring clarity to the concept of piercing the veil of incorporation in Mauritius. This will allow students, researchers, academics and practitioners…
Abstract
Purpose
The purpose of this paper is to bring clarity to the concept of piercing the veil of incorporation in Mauritius. This will allow students, researchers, academics and practitioners to engage further in research on the topic of incorporation of companies.
Design/methodology/approach
To conduct the study, the doctrinal legal research approach will be used. The inquiry will examine the numerous laws and case laws that permit the lifting of the corporate veil, so exposing the agents of the corporation to accountability on both a criminal and civil level. A comparison of Mauritius and the UK legal systems will be conducted to assess the efficacy of the former.
Findings
There are significant loopholes in the legislative framework of Mauritius regarding various corporate offences that are highly encouraged because of the limited circumstances under which courts may lift the corporate veil. There is a need for specific legislation to be enacted by Parliament to address these specific offences. Inspiration should be drawn from the UK’s robust legislative framework on the matter.
Originality/value
Literature on the subject in Mauritius deals mostly with factual information on the doctrine of separate legal personality and the various exceptions under which the veil of incorporation may be lifted. However, there is a scarcity of research on the various fraudulent activities and their implications on the company that go unnoticed and unpunished because of loopholes in the legal framework. This paper attempts to fill this important gap.
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Virginia Minogue, Mary Cooke, Anne-Laure Donskoy and Penny Vicary
Service user and carer involvement in all aspects of the health and care research process, from co-applicant on funding applications to active engagement in a research study, is…
Abstract
Purpose
Service user and carer involvement in all aspects of the health and care research process, from co-applicant on funding applications to active engagement in a research study, is now a requirement for most research funders. However, as co-production increases and service users and carers take on more responsibilities, this involvement has legal, governance and ethical implications. The purpose of this paper is to raise awareness of the issues and consider potential solutions.
Design/methodology/approach
Experiences of engagement as co-applicants in research funding applications, of involvement as research study team members, and as co-researchers were gathered from a range of service user and carer experts. Consultation and a workshop gathered further evidence from a range of stakeholders across the research management community.
Findings
Service users and carers, who contribute to the research protocol and process, feel a strong sense of responsibility to ensure the high quality of a research study. However, they may be new to their roles, status and key responsibilities when acting as project team members, co-researchers or co-applicants engaging in funding applications. The responsibility of sponsors, grant holding organisations, funders and other members of the research community is to communicate with and support service users and carers in those roles. More needs to be done to understand the contractual, a legal and governance issues and responsibilities that are specific to service user and carer co-applicants, project team members and co-researchers, from both an organisational and individual service user and carer perspective.
Practical implications
The implications of the findings are to raise awareness of the practical, legal and ethical issues arising from this type of involvement and the potential risks arising from lack of cohesion or understanding. The review also highlights the concerns and barriers service users and carers may find in becoming involved.
Originality/value
The findings highlight a range of issues for research regulators, sponsors and investigators to consider to ensure service users and carers can fulfil their responsibilities and be supported in doing so.
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This article is supplied by Alison, a long‐time member of Dual Recovery Anonymous (DRA), about the aims and principles of their 12‐step programme. DRA's 12‐step programme helps…
Abstract
This article is supplied by Alison, a long‐time member of Dual Recovery Anonymous (DRA), about the aims and principles of their 12‐step programme. DRA's 12‐step programme helps members to recover from both a drug or alcohol dependency and emotional or psychiatric illness (dual diagnosis) by focusing on relapse prevention and actively improving the quality of their lives.
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Gregg Li, Robert Tricker and C.Y. Wong
Puts forward the view that the creative and innovative process with which wealth is created should also belong to the innovators, not just the financial investors. Innovation…
Abstract
Puts forward the view that the creative and innovative process with which wealth is created should also belong to the innovators, not just the financial investors. Innovation processes primarily arise from the hearts of the innovators, who over the years have not been adequately compensated in terms of share ownership, and only in recent years the influx of stock options to these generators of growth and wealth has been seen as one means of making up for that difference. In entrepreneurial firms this arrangement is well understood and the founder‐entrepreneur is compensated with stocks. As the organizations become larger, this innovative perspective begins to dissipate, to the extent that one forgets to pay attention and identify innovators in one’s organization, who have been innovating products to meet the demands of the market and, in turn, allow the organization to continue for another day. As a result, it has been forgotten that one key role of the board of directors should be the harnessing of the innovative energies in the workforce, such that wealth can continue to be created. Presents a perspective with regard to innovation and how, by rewarding and tightening the link between innovation and share ownership, one is in fact rewarding the creation of wealth, particularly in this ever‐changing knowledge economy.
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The composition of and roles played by boards of directors will change dramatically in the 1980s. Here are thirty major issues that will shape tomorrow's board … and a creative…
Abstract
The composition of and roles played by boards of directors will change dramatically in the 1980s. Here are thirty major issues that will shape tomorrow's board … and a creative strategy to cope with the challenges ahead.
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides: