scholarly journals Legal professional privilege in corporate criminal investigations

2018 ◽  
Vol 82 (4) ◽  
pp. 321-337
Author(s):  
Rebecca Mitchell ◽  
Michael Stockdale

This article considers two areas that arise in the context of corporate criminal investigations relating to claims of legal professional privilege: the extent to which litigation privilege may attach to communications made in the context of such investigations and the difficulty of identifying the client for the purposes of legal advice privilege. These issues are of particular significance where a company is or may be the subject of an investigation by specialist prosecuting authorities, such as the Serious Fraud Office. We identify the policy considerations justifying litigation privilege and whether they continue to explain the current ambit of the privilege. With particular reference to the extent to which the privilege is capable of attaching to communications made for the purpose of working towards a potential settlement, we consider how the constraints upon its ambit operate in the context of corporate criminal investigations. In relation to legal advice privilege, we demonstrate that it is possible to give a coherent explanation of the jurisprudence in this area which, while accepting that decisions are fact-specific, should enable corporations and the courts to identify the client within the corporation with a greater degree of confidence.

Author(s):  
Elīna Vanaga

The paper deals with foreign direct investment in Latvia. The investigated problem is investments made in the form of an investor in order to acquire a qualifying holding (ownership that represents at least 10% of ordinary shares or voting rights) in a company (direct investment enterprise). These include investments in equity and debt instruments. As the aim of this work, the author proposed researching literature and internet resources on the subject and drawing conclusions and suggestions


Evidence ◽  
2019 ◽  
pp. 106-139
Author(s):  
Roderick Munday

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the following: the competence of witnesses in civil and criminal cases; the compellability of witnesses, and of the accused and the spouse or civil partner in criminal cases in particular; sworn and unsworn evidence; privileges enjoyed by certain categories of witness, focussing upon the privilege against self-incrimination, and legal professional privilege (in the form of both legal advice privilege and litigation privilege); and public interest immunity.


Author(s):  
Petar Halachev ◽  
Victoria Radeva ◽  
Albena Nikiforova ◽  
Miglena Veneva

This report is dedicated to the role of the web site as an important tool for presenting business on the Internet. Classification of site types has been made in terms of their application in the business and the types of structures in their construction. The Models of the Life Cycle for designing business websites are analyzed and are outlined their strengths and weaknesses. The stages in the design, construction, commissioning, and maintenance of a business website are distinguished and the activities and requirements of each stage are specified.


Think India ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 72-83
Author(s):  
Tushar Kadian

Actually, basic needs postulates securing of the elementary conditions of existence to every human being. Despite of the practical and theoretical importance of the subject the greatest irony is non- availability of any universal preliminary definition of the concept of basic needs. Moreover, this becomes the reason for unpredictability of various political programmes aiming at providing basic needs to the people. The shift is necessary for development of this or any other conception. No labour reforms could be made in history till labours were treated as objects. Its only after they were started being treating as subjects, labour unions were allowed to represent themselves in strategy formulations that labour reforms could become a reality. The present research paper highlights the basic needs of Human Rights in life.


2018 ◽  
Vol 11 (2) ◽  
pp. 41-51 ◽  
Author(s):  
I. Ya. Lukasevich

The subject of the research is new tools for business financing using the initial coin offering (ICO) in the context of the development of cryptocurrencies and the blockchain technologies as their basis. The purpose of the work was to analyze the advantages and disadvantages of the ICO in comparison with traditional financial tools as well as prospects, limitations and problems of using digital financial tools. Conclusions are made in relation to possibilities, limitations and application areas of digital business financing tools, particularly in the real sector, taking into account the specifics of the Russian economy and legislation. It is shown that the main problems of using the digital financial tools are related to the economic sphere and caused by the lack of adequate approaches to evaluation of assets as well as the shortage of objective information. The problems and new tasks of corporate finance in the digital economy are defined.


1983 ◽  
Vol 22 (1) ◽  
pp. 57-61
Author(s):  
Shahrukh Rafi Khan

The book under review is a compilation of the author's articles and lectures that highlight the prominent developments in the literature on the subject of Islamic banking and inform the reader of the current state of debate on it. One of the earliest and main contributors to this topic is the author himself. The focus of this review will mainly be on "Economics of Profit-Sharing", which is the title of the fourth chapter of the book and is among his latest contributions. This chapter is a significant contribution as it is the first attempt to formalise the concept of profit sharing into an analytical model and, therefore, demands closer scrutiny. However, in the remaining chapters of the book, the author has drawn attention to some of the fine points made in the literature on this topic. Since some of these points appear to be controversial to me, I will briefly discuss them before moving on to the analytical chapter of the book.


2020 ◽  
Vol 22 (2) ◽  
pp. 1-27
Author(s):  
João Carlos Brum Torres

O artigo tem por objeto o exame de três registros de gritantes e distintos paradoxos na Doutrina do Direito de Kant. Registros feitos em tempos e contextos históricos diferentes por Friedrich Bouterwek, Marcus Willaschek e Balthazar Barbosa Filho. Bouterwek atribuiu a Kant a mais paradoxal das proposições jamais enunciadas por qualquer autor, a de que a mera ideia de soberania deve obrigar-nos a obedecer como a nosso inquestionável senhor a quem quer que se haja estabelecido como tal, sem que caiba indagar quem lhe deu o direito de comandar-nos. Willaschek aponta a incompatibilidade de duas teses centrais da doutrina kantiana: a do caráter externo dos vínculos jurídicos e a da incondicionalidade obrigacional do direito positivo, pois não é possível entender como é possível termo-nos como obrigados por imperativos jurídicos e, ao mesmo, vermo-nos internamente isentados do dever de obedecê-los. O ponto crítico de Balthazar é alegar que não pode haver na filosofia kantiana uma crítica da razão político e jurídica, simplesmente porque o conceito de imputação, base da normatividade própria dessas esferas, pressupõe uma pluralidade de agentes livres que, justamente, só pode ser uma pressuposição, pois nosso acesso à normatividade prática só pode ter lugar em primeira pessoa. No exame a que o artigo submete essas alegações, o artigo argumenta, em objeção à tese de Balthazar, que o caráter universal e categórico da força que vincula o sujeito quando confrontado com a lei moral em primeira pessoa necessariamente se desvaneceria se, ao mesmo tempo, ele não fosse tomado pela evidência de que a realidade objetiva dos princípios morais é não só instanciável, mas assegurada pela múltipla instanciação. Com relação às dificuldades levantadas por Willaschek e Bouterwek, o artigo argumenta que o princípio exeundum e statu naturali, enquanto norma metapositiva, anterior à divisão do domínio prático entre doutrina do direito e doutrina da virtude, permite ao mesmo tempo compreender a exigência de obediência ao poder constituído e a restrição das obrigações jurídico-políticas exclusivamente ao foro externo.AbstractThe object of the article is to examine three claims about three distinct and allegedly blatant paradoxes in Kant's Doctrine of Right. These three critical points had been made in distinct times and contexts by Friedrich Bouterwek, Marcus Willaschek e Balthazar Barbosa Filho. Bouterwek attributed to Kant the most paradoxical of all paradoxical propositions, the statement that by the mere idea of sovereignty we are obliged to obey as our lord who has imposed himself upon us, without questioning from where he got such right. Willaschek points out the incompatibility of two main theses of Kantian doctrine of right: the claims that the legal bounds are of external character and that they are the source of unconditional obligations, since it seems impossible to understand how it would be possible to be obliged by juridical norms and decisions and at the same time to be exempted of the internal duty of compliance. The radical objection of Professor Balthazar is the claim that in the context of Kantian Philosophy it is impossible to admit a critique of the juridical and political reason because the concept of imputation, ground of the normativity in these domains, requires not only the presupposition of free agents, but a true and secure epistemic access to them, which is, according to him, impossible considering that the moral law and the other practical principles are accessible for us only in the first person. In the course of the appraisal of such claims, the article contest that objection arguing that the universal and categorical force of the normative bound experienced by the subject when confronted with the moral law in the first person would ineluctably vanish if, at the same time, he had not been taken by the evidence that the objective reality of the moral principles is secured by multiple instancing. Regarding the difficulties raised by Willaschek and Bouterwek, the article argues that the principle exeundum e statu naturali, as a norm of meta-positive character, prior to the division of practical domains between the doctrine of right and the doctrine of virtue, is the cue both to the understanding of the requirement of unquestioning obedience to the constituted power and to the restriction of the validity of this requirement only in foro externo.


Author(s):  
Matthew Walker

This chapter deals with the genesis of architectural knowledge. In particular, it explores those rare moments when early modern English authors wrote about newly discovered examples of ancient architecture, the most important forms of architectural knowledge that existed. I will discuss three such accounts (all published in the Philosophical Transactions) of Roman York, Palmyra, and ancient Athens. These three texts share a preoccupation with truth and accuracy, as befitted the task of communicating highly sought-after architectural knowledge. They also demonstrate the degree of confidence of English writers in this period, not only in how they interpreted ancient architecture, but also in how they sought to criticize previous European authors on the subject. But most importantly, these texts reveal the extent of English intellectuals’ knowledge of the architectural principles of the ancient world and how that knowledge was in a state of flux.


Author(s):  
Steven J. R. Ellis

This chapter examines the socio-economic motivations behind the shaping of retail landscapes in Roman cities. It is about who opened retail outlets, as well as why and where. After critiquing some of the normal methods for illustrating the locations of shops and bars, including the conventional distribution plan itself, as well as questioning the economic rationality of operating tabernae, this chapter argues for the value in complicating our otherwise basic understanding of why urban investments were made in the places we find them. Rather than accepting profit as the single motivation to urban investment, a range of social, economic, and political motivations are considered as an explanation for the ultimate shape of Roman retail landscapes. Thus beyond discussions of space and urban topography, the subject of this chapter is investment.


Energies ◽  
2021 ◽  
Vol 14 (14) ◽  
pp. 4213
Author(s):  
Dariusz Fuksa

The subject of the article is a new method that I have developed for calculating a multi-asset break-even for multi-assortment production, extended by a percentage threshold and a current sales ratio (which was missing in previously published methods). The percentage threshold provides unambiguous information about the economic health of a company. As a result, it became possible to use it in practice to evaluate the activities of economic entities (mines) and to perform modelling and optimisation of production plans based on different variants of customer demand scenarios. The publication addresses the complexity of the problem of determining the break-even in multi-assortment production. Moreover, it discusses the practical limitations of previous methods and demonstrates the usefulness of the proposed method on the example of hard coal mines.


Sign in / Sign up

Export Citation Format

Share Document