scholarly journals BUSINESS JUDGEMENT RULE: KETENTUAN DAN PELAKSANAANNYA OLEH PENGADILAN DI INGGRIS, KANADA DAN INDONESIA

2020 ◽  
Vol 32 (2) ◽  
pp. 275
Author(s):  
Yafet Yosafet Wilben Rissy
Keyword(s):  
United Kingdom ◽  
Company Law ◽  
Duty Of Care ◽  
Fiduciary Duties ◽  
Business Decisions ◽  
The United Kingdom ◽  
Business Judgment Rule ◽  
The Uk

AbstractThis article discusses the provisions of business judgment rule (BJR) in the company law and the application of BJR by the courts in the United Kingdom (UK), Canada and Indonesia. In the UK and Canada, the courts have been long examined the appropriateness of directors’ business decisions. Later, BJR was codified into the Canadian Business Corporations Act 2019, meanwhile, duty of care and fiduciary duties were codified into the UK 2006 Companies Law which implicitly regulates BJR. Indonesia adopts BJR in the Company Act 2007 but the courts rarely examine directors’ business decisions and the adoption needs to be rearranged systematically.IntisariArtikel ini membahas bagaimana dan kapan pengadilan menguji aturan penilaian bisnis (APS) dan bagaimana APS diatur dalam hukum perusahaan di Inggris Raya, Kanada, dan Indonesia. Pada pengadilan Inggris dan Kanada yang menganut tradisi hukum kebiasaan, APS telah lama diterapkan untuk menilai keputusan bisnis direktur. Baru-baru ini, APS dikodifikasikan ke dalam Undang-Undang Perusahaan Bisnis 2019. Sementara itu, tugas direktur untuk peduli dan tugas fidusia juga dikodifikasikan ke dalam Undang-Undang Perusahaan Inggris 2006 yang secara implisit mengatur APS. Indonesia juga mengadopsi APS dalam Undang-Undang PT 2007 tetapi pengadilan jarang menguji keputusan bisnis direktur dan adopsi ini perlu diatur ulang secara lebih sistematis.

scholarly journals Prest v Petrodel Resources Limited: The Veil Finally Pierced?

2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Company Law ◽  
The European Union ◽  
The United Kingdom ◽  
Economic Climate ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
The Uk ◽  
The Eu

With the United Kingdom preparing to exit the European Union, the UK needs to create a clear case for why the UK should be the preferred place of business. Unclear, arbitrary and unprincipled laws and rulings may cause businesses to move to the EU post-Brexit. As such, it is necessary to reassess certain key case and areas of law in order to address their suitability for the new economic climate. The chosen area is company law, specifically piercing the corporate veil, which has someway yet to be ready to demonstrate the best case for UK business.

Organ donor registration in the UK: The need for informed consent for ante-mortem interventions to facilitate organ donation

2019 ◽  
Vol 19 (2-3) ◽  
pp. 113-135 ◽  
Author(s):  
Sarah-Jane R. Brown
Keyword(s):  
United Kingdom ◽  
Informed Consent ◽  
Organ Donation ◽  
Organ Donor ◽  
Best Interests ◽  
Duty Of Care ◽  
Specific Information ◽  
The United Kingdom ◽  
Donation Process ◽  
The Uk

A generic consent model for the organ donation process currently permeates organ donation policy in the United Kingdom. The National Health Service Blood and Transplant’s (NHSBT’s) strategy for increasing organ donation rates in the United Kingdom includes interpreting a person’s registration on the Organ Donor Register (ODR) as justifying changes to the end-of-life care of the ODR registrant once incapacitated. However, individuals registering on the ODR are not currently provided with specific information regarding any ante-mortem procedures that may be carried out to facilitate organ donation. In this article, I argue that a specific consent model for ante-mortem donor optimisation procedures is needed not only to facilitate the achievement of the best interests of ODR registrants once incapacitated but also to fulfil NHSBT’s obligations to ODR registrants under the law on informed consent. I argue that NHSBT owes a duty of care to ODR registrants and that the implications of this duty of care include incorporating informed consent standards into the process of ODR registration.

scholarly journals Police Liability for Negligent Investigations: When Will a Duty of Care Arise?

2006 ◽  
Vol 11 (1) ◽  
pp. 33 ◽  
Author(s):  
Mandy Shircore
Keyword(s):  
United Kingdom ◽  
Duty Of Care ◽  
Public Authorities ◽  
Exclusionary Rule ◽  
The United Kingdom ◽  
House Of Lords ◽  
The Uk

<p>In 1988 in Hill v Chief Constable of West Yorkshire, the House of Lords denied a duty of care was owed by police to a victim of a serial murderer. The case was interpreted as immunity from negligence actions for police when involved in the suppression and investigation of crime’. Recent cases in Australia and the United Kingdom have confirmed that while blanket immunity from negligence actions for police involved in investigatory functions does not exist, plaintiffs alleging negligence will face considerable difficulties establishing a duty of care was owed. The recent cases provide an opportunity to re-examine the appropriate tests to apply in determining the existence and scope of police duty of care and to reassess the policy grounds underlying the decisions. In doing so the article argues that Australian courts should avoid the UK approach of applying a<br />broad exclusionary rule particular to police, as sufficient safeguards already exist in the Australian High Court’s duty of care formulation for public authorities.</p>

TBE in United Kingdom

2020 ◽  
Keyword(s):  
United Kingdom ◽  
Clinical Disease ◽  
England And Wales ◽  
Probable Case ◽  
The United Kingdom ◽  
South West ◽  
Louping Ill ◽  
The Uk ◽  
North And South ◽  
South West England

Until 2019, TBE was considered only to be an imported disease to the United Kingdom. In that year, evidence became available that the TBEV is likely circulating in the country1,2 and a first “probable case” of TBE originating in the UK was reported.3 In addition to TBEV, louping ill virus (LIV), a member of the TBEV-serocomplex, is also endemic in parts of the UK. Reports of clinical disease caused by LIV in livestock are mainly from Scotland, parts of North and South West England and Wales.4

Risk Transferin Public Private Partnership/Private Finance Initiative Procurement Documents:The Differencebetween The United Kingdom and Malaysia

2016 ◽  
Vol 4 (4) ◽  
pp. 30
Author(s):  
Nooriha Abdullah ◽  
Darinka Asenova ◽  
Stephen J. Bailey
Keyword(s):  
United Kingdom ◽  
Public Procurement ◽  
Research Question ◽  
Public Private Partnership ◽  
Private Finance Initiative ◽  
Private Partnership ◽  
Risk Transfer ◽  
Private Finance ◽  
The United Kingdom ◽  
The Uk

The aim of this paper is to analyse the risk transfer issue in Public Private Partnership/Private Finance Initiative (PPP/PFI) procurement documents in the United Kingdom (UK) and Malaysia. It utilises qualitative research methods using documentation and interviews for data collection. The UK documents (guidelines and contracts) identify the risks related to this form of public procurement of services and makeexplicittheappropriateallocation of those risks between the public and the private sector PPP/PFI partners and so the types of risks each party should bear. However, in Malaysia, such allocation of risks was not mentioned in PPP/PFI guidelines. Hence, a question arises regarding whether risk transfer exists in Malaysian PPP/PFI projects, whether in contracts or by other means. This research question is the rationale for the comparative analysis ofdocumentsand practicesrelatingtorisk transfer in the PPP/PFI procurements in both countries. The results clarify risk-related issues that arise in implementing PPP/PFI procurement in Malaysia, in particular how risk is conceptualised, recognised and allocated (whether explicitly or implicitly), whether or not that allocation is intended to achieve optimum risk transfer, and so the implications forachievement ofvalue for moneyor other such objectivesinPPP/PFI.

HIV and other STIs in the United Kingdom: further increases

2003 ◽  
Vol 7 (48) ◽  
Author(s):  
◽  
Keyword(s):  
United Kingdom ◽  
Disease Surveillance ◽  
Communicable Disease ◽  
People Living With Hiv ◽  
Health Protection Agency ◽  
Protection Agency ◽  
England And Wales ◽  
The United Kingdom ◽  
The Uk ◽  
Living With Hiv

The Health Protection Agency Communicable Disease Surveillance Centre for England and Wales and others have reported that the number of people living with HIV in the UK has increased

Research Applications

1989 ◽  
Vol 21 (6-7) ◽  
pp. 709-715
Author(s):  
M. J. Rouse
Keyword(s):  
United Kingdom ◽  
Water Utilities ◽  
Practical Application ◽  
Research Results ◽  
Contract Research ◽  
The United Kingdom ◽  
New Knowledge ◽  
The Uk

This paper covers the approach taken by WRc to the practical application of research results. WRc works on an annual programme of research paid for collectively by the UK water utilities totalling ₤15m. In addition contract research is carried out for government largely on environmental matters and for utilities and others on a confidential basis. The approach to the implementation described here deals with the application of results across the whole of the United Kingdom where there are a large number of users of the results but with varying degrees of interest in any particular topic. The requirement is to inform all of the outcome of the work and then to provide the facility of rapid implementation for those who have an immediate requirement to apply the new knowledge and technology.

Volunteering in hospice and palliative care in the United Kingdom

2018 ◽  
Author(s):  
Ros Scott
Keyword(s):  
Palliative Care ◽  
United Kingdom ◽  
Care Services ◽  
The United Kingdom ◽  
Strategic Direction ◽  
Palliative Care Services ◽  
History Of ◽  
The Uk ◽  
Hospice And Palliative Care ◽  
Changing Role

This chapter explores the history of volunteers in the founding and development of United Kingdom (UK) hospice services. It considers the changing role and influences of volunteering on services at different stages of development. Evidence suggests that voluntary sector hospice and palliative care services are dependent on volunteers for the range and quality of services delivered. Within such services, volunteer trustees carry significant responsibility for the strategic direction of the organiszation. Others are engaged in diverse roles ranging from the direct support of patient and families to public education and fundraising. The scope of these different roles is explored before considering the range of management models and approaches to training. This chapter also considers the direct and indirect impact on volunteering of changing palliative care, societal, political, and legislative contexts. It concludes by exploring how and why the sector is changing in the UK and considering the growing autonomy of volunteers within the sector.

scholarly journals A Free-Market Environmentalist Transition toward Renewable Energy: The Cases of Germany, Denmark, and the United Kingdom

Energies ◽  
2021 ◽  
Vol 14 (15) ◽  
pp. 4659
Author(s):  
William Hongsong Wang ◽  
Vicente Moreno-Casas ◽  
Jesús Huerta de Soto
Keyword(s):  
United Kingdom ◽  
Renewable Energy ◽  
Private Property ◽  
Free Market ◽  
State Intervention ◽  
Tax Rate ◽  
Reform Agenda ◽  
The United Kingdom ◽  
Market Environmentalism ◽  
The Uk

Renewable energy (RE) is one of the most popular public policy orientations worldwide. Compared to some other countries and continents, Europe has gained an early awareness of energy and environmental problems in general. At the theoretical level, free-market environmentalism indicates that based on the principle of private property rights, with fewer state interventionist and regulation policies, entrepreneurs, as the driving force of the market economy, can provide better services to meet the necessity of offering RE to protect the environment more effectively. Previous studies have revealed that Germany, Denmark, and the United Kingdom have made some progress in using the market to develop RE. However, this research did not analyze the three countries’ RE conditions from the perspective of free-market environmentalism. Based on our review of the principles of free-market environmentalism, this paper originally provides an empirical study of how Germany, Denmark, and the United Kingdom have partly conducted free-market-oriented policies to successfully achieve their policy goal of RE since the 1990s on a practical level. In particular, compared with Germany and Denmark, the UK has maintained a relatively low energy tax rate and opted for more pro-market measures since the Hayekian-Thatcherism free-market reform of 1979. The paper also discovers that Fredrich A. Hayek’s theories have strongly impacted its energy liberalization reform agenda since then. Low taxes on the energy industry and electricity have alleviated the burden on the electricity enterprises and consumers in the UK. Moreover, the empirical results above show that the energy enterprises play essential roles in providing better and more affordable RE for household and industrial users in the three sampled countries. Based on the above results, the paper also warns that state intervention policies such as taxation, state subsidies, and industrial access restrictions can impede these three countries’ RE targets. Additionally, our research provides reform agendas and policy suggestions to policymakers on the importance of implementing free-market environmentalism to provide more efficient RE in the post-COVID-19 era.

scholarly journals Organizational Support Experiences of Care Home and Home Care Staff in Sweden, Italy, Germany and the United Kingdom during the COVID-19 Pandemic

Healthcare ◽  
2021 ◽  
Vol 9 (6) ◽  
pp. 767
Author(s):  
Connie Lethin ◽  
Andrea Kenkmann ◽  
Carlos Chiatti ◽  
Jonas Christensen ◽  
Tamara Backhouse ◽  
...  
Keyword(s):  
United Kingdom ◽  
Organizational Support ◽  
Care Home ◽  
External Support ◽  
Care Staff ◽  
Care Organization ◽  
Online Questionnaire ◽  
The United Kingdom ◽  
The Uk ◽  
Staff Experiences

The COVID-19 pandemic has affected care workers all over the globe, as older and more vulnerable people face a high risk of developing severe symptoms and dying from the virus infection. The aim of this study was to compare staff experiences of stress and anxiety as well as internal and external organizational support in Sweden, Italy, Germany, and the United Kingdom (UK) in order to determine how care staff were affected by the pandemic. A 29-item online questionnaire was used to collect data from care staff respondents: management (n = 136), nurses (n = 132), nursing assistants (n = 195), and other healthcare staff working in these organizations (n = 132). Stress and anxiety levels were highest in the UK and Germany, with Swedish staff showing the least stress. Internal and external support only partially explain the outcomes. Striking discrepancies between different staff groups’ assessment of organizational support as well as a lack of staff voice in the UK and Germany could be key factors in understanding staff’s stress levels during the pandemic. Structural, political, cultural, and economic factors play a significant role, not only factors within the care organization or in the immediate context.

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