scholarly journals THE LEGAL FRAMEWORK FOR CORPORATE LIABILITY FOR HOMICIDE: THE EXPERIENCE IN NIGERIA AND THE UNITED KINGDOM

2014 ◽  
Vol 22 (1) ◽  
Author(s):  
Khairat Oluwakemi Akanbi
Keyword(s):  
United Kingdom ◽  
Criminal Law ◽  
Legal Framework ◽  
Mens Rea ◽  
The Public ◽  
The United Kingdom ◽  
Corporate Body ◽  
Corporate Manslaughter ◽  
The Uk ◽  
Corporate Liability

In recent times, corporate homicide has become an increasingly global phenomenon. These global incidences make it imperative to have a legal framework for holding corporations liable for deaths either of employees or members of the public that occur as a result of their activities. The challenge however is in applying the traditional criminal law elements of actus reas and mens rea to a corporation, since the criminal law had developed with the natural person in mind. The aim of this paper is to examine the legal framework for corporate liability for homicide sharing the experience in Nigeria and the UK. The paper discusses the application of criminal law elements of actus reas and mens rea to a corporate body in order to justify corporate liability for homicide. It also examines the Corporate Manslaughter and Corporate Homicide Act 2007 of the UK which is the first legislation on corporate homicide together with theposition in Nigeria. The paper finds that the legal framework in Nigeria is inadequate to secure corporate liability for homicide. The UK provisions can thus serve as a useful model in this regard.

4. Strict, vicarious and corporate liability

2020 ◽  
pp. 139-183
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Human Rights ◽  
Great Britain ◽  
Criminal Law ◽  
Strict Liability ◽  
European Convention ◽  
Mens Rea ◽  
Serious Crime ◽  
Actus Reus ◽  
Corporate Manslaughter ◽  
Corporate Liability

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.

4. Strict, vicarious and corporate liability

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Human Rights ◽  
Great Britain ◽  
Criminal Law ◽  
Strict Liability ◽  
European Convention ◽  
Mens Rea ◽  
Serious Crime ◽  
Actus Reus ◽  
Corporate Manslaughter ◽  
Corporate Liability

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.

scholarly journals Mapping, Assessing and Improving Legal Preparedness for Pandemic Flu in the United Kingdom

2009 ◽  
Vol 10 (2) ◽  
pp. 101-137 ◽  
Author(s):  
Graeme T. Laurie ◽  
Kathryn G. Hunter
Keyword(s):  
Public Health ◽  
United Kingdom ◽  
Essential Feature ◽  
Legal Framework ◽  
The United Kingdom ◽  
Legal Provisions ◽  
The Face ◽  
International Obligations ◽  
Pandemic Flu ◽  
The Uk

This article assesses the legal framework within which responses are deployed in the United Kingdom in the face of a pandemic such as the current H1N1 crisis or some other public health emergency. It begins with an account of the importance of legal preparedness as an essential feature of public health preparedness. It moves to an outline of the key legal provisions and parameters which provide the architecture for the existing framework in the UK, both domestically and internationally; thereafter, it identifies relevant factors that can be used to assess the efficacy of current legal preparedness, drawing on comparative experiences. Finally, it offers recommendations on how legal preparedness could be improved within the United Kingdom and in line with international obligations.

Biobank Report: United Kingdom

2016 ◽  
Vol 44 (1) ◽  
pp. 96-105 ◽  
Author(s):  
Jane Kaye ◽  
Jessica Bell ◽  
Linda Briceno ◽  
Colin Mitchell
Keyword(s):  
United Kingdom ◽  
Data Access ◽  
Ethics Committees ◽  
Legal Framework ◽  
Applicable Law ◽  
The United Kingdom ◽  
Legal Provisions ◽  
Genomics Research ◽  
Guidance Documents ◽  
The Uk

The United Kingdom is a leader in genomics research, and the presence of numerous types of biobanks and the linking of health data and research within the UK evidences the importance of biobank-based research in the UK. There is no biobank-specific law in the UK and research on biobank materials is governed by a confusing set of statutory law, common law, regulations, and guidance documents. Several layers of applicable law, from European to local, further complicate an understanding of privacy protections. Finally, biobanks frequently contain data in addition to the samples; the legal framework in the UK generally differentiates between data and samples and the form of the data affects the applicability of legal provisions. Biobanks must be licensed by the Human Tissue Authority; certain projects must be reviewed by Research Ethics Committees, and all projects are encouraged to be reviewed by them. Data Access Committees in biobanks are also common in the UK. While this confusing array of legal provisions leaves privacy protections in biobanking somewhat unclear, changes at the EU level may contribute to harmonization of approaches to privacy.

Factors driving the development of healthcare waste management in the United Kingdom over the past 60 years

2009 ◽  
Vol 27 (4) ◽  
pp. 362-373 ◽  
Author(s):  
William K. Townend ◽  
Christopher Cheeseman ◽  
Jen Edgar ◽  
Terry Tudor
Keyword(s):  
United Kingdom ◽  
Waste Management ◽  
Political Action ◽  
Healthcare Facilities ◽  
Healthcare Waste ◽  
The Public ◽  
The Past ◽  
The United Kingdom ◽  
Healthcare Waste Management ◽  
The Uk

Since the creation of the National Health Service (NHS) in the United Kingdom in 1948 there have been significant changes in the way waste materials produced by healthcare facilities have been managed due to a number of environmental, legal and social drivers. This paper reviews the key changes in legislation and healthcare waste management that have occurred in the UK between 1948 and the present time. It investigates reasons for the changes and how the problems associated with healthcare wastes have been addressed. The reaction of the public to offensive disposal practices taking place locally required political action by the UK government and subsequently by the European legislature. The relatively new UK industry of hazardous healthcare waste management has developed rapidly over the past 25 years in response to significant changes in healthcare practices. The growth in knowledge and appreciation of environmental issues has also been fundamental to the development of this industry. Legislation emanating from Europe is now responsible for driving change to UK healthcare waste management. This paper examines the drivers that have caused the healthcare waste management to move forward in the 60 years since the NHS was formed. It demonstrates that the situation has moved from a position where there was no overall strategy to the current situation where there is a strong regulatory framework but still no national strategy. The reasons for this situation are examined and based upon the experience gained; suggestions are made for the benefit of countries with systems for healthcare waste management still in the early stages of development or without any provisions at all.

‘Positive direct rule’: economic policy

No Solution ◽  
2016 ◽  
Author(s):  
S.C. Aveyard
Keyword(s):  
Economic Policy ◽  
United Kingdom ◽  
Great Britain ◽  
Public Sector ◽  
Northern Ireland ◽  
Labour Government ◽  
The Public ◽  
The United Kingdom ◽  
The Uk ◽  
Positive Direct

This chapter looks at economic policy in Northern Ireland in the context of severe economic difficulties experienced by the UK as a whole. It shows how the Labour government sought to shield Northern Ireland from economic realities because of the conflict, increasing public expenditure and desperately seeking industrial investment. The level of desperation in this endeavour is illustrated through examples such as Harland & Wolff’s shipyards and the DeLorean Motor Company. The experience of the 1970s, and particularly under the Labour government, set the pattern for the following decades with a steadily increasing subvention from the rest of the United Kingdom and a growing dependence on the public sector, all at a time when the opposite trend took place in Great Britain.

Commercial Arrangements for Co-Generation in the UK and USA

1987 ◽  
Vol 201 (4) ◽  
pp. 259-265
Author(s):  
D L Tolley ◽  
G J Fowler
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
Combined Heat And Power ◽  
Public Utilities ◽  
The Public ◽  
Regulatory Policies ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact

This paper examines the impact of the Public Utilities Regulatory Policies Act (PURPA) in the United States and the Energy Act 1983 in the United Kingdom on the nature of the purchase tariffs for co-generators and combined heat and power (CHP) plant, and considers the reasons why the prospects for investment by private generators might be enhanced in the United States.

scholarly journals Migration and Recruitment of African Nurses in the UK: Between the Primacy of National Imperatives and Global Openness

2021 ◽  
Vol 47 (1) ◽  
pp. 115-135
Author(s):  
Angèle Flora Mendy
Keyword(s):  
United Kingdom ◽  
Public Opinion ◽  
Public Policies ◽  
Health Needs ◽  
The Public ◽  
The United Kingdom ◽  
Health Market ◽  
African Migrant ◽  
The Uk

Abstract In a globalized health market, what are the public policies that allow the United Kingdom (UK) to employ African migrant nurses to meet the health needs and to satisfy national and international public opinion? This is the question the article below asks. It is based on an analysis of the UK migration regulation policies and interviews with African migrant nurses in the UK. It uses a neo-institutionalist approach to explain the capacity of public policies to adapt and change in response to imperatives by the use of “room for manoeuvre”.

scholarly journals Carl Nielsen in the United Kingdom

2012 ◽  
Vol 5 ◽  
Author(s):  
Paolo Muntoni
Keyword(s):  
United Kingdom ◽  
Great Britain ◽  
The Public ◽  
The United Kingdom ◽  
Wide Range ◽  
Long Time ◽  
The Times ◽  
The Uk ◽  
The Guardian ◽  
British Research

The United Kingdom has always been receptive to the Danish composer Carl Nielsen. For a long time Great Britain was the only country outside Scandinavia to show interest in his works, which met both the favour of the public and the appreciation of critics. No other country has produced such a comprehensive list of articles, studies and reviews about Nielsen’s music. An overview of the commentaries on Nielsen’s most performed works, namely the Fourth and Fifth Symphony, published on two major British newspapers – The Times and The Guardian – documents how the opinion on his music constantly changed. Critiques range from an initial enthusiastic acclaim to a half-hearted appreciation, and later to revaluation and revival. An analysis of a selected work, the Sixth Symphony, sheds light on the breadth and variety of what can be now considered a well-established research tradition. Robert Simpson pioneered such research in the 1950’s, but it was during the last decade of the 20 th century that the most interesting developments unfolded. Despite the wide range of interpretations, it is possible to track within British research on Carl Nielsen some underlying features that, in interplay with other factors, can help to explain the composer’s popularity in the UK.

scholarly journals La experiencia escocesa en los referenda de devolución y secesión = The Scottish experience of devolution and secession referenda

2017 ◽  
Vol 13 ◽  
pp. 61
Author(s):  
Malcolm Harvey
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Direct Democracy ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Palabras Clave ◽  
The Uk

Resumen: Consultar e involucrar a la población se ha vuelto habitual en los últimos años. El Reino Unido, que no cuenta con una constitución codificada, ha utilizado el referéndum para decidir sobre diversas cuestiones constitucionales, siendo la más reciente la consulta sobre la permanencia del Reino Unido en la Unión Europea en junio de 2016. Este artículo explora la experiencia escocesa de referenda, examinando el fallido referéndum de devolución de 1979, su repetición exitosa en 1997, y el referéndum de independencia de 2014, en el que los escoceses, de forma aparentemente decisiva, decidieron quedarse en el Reino Unido. Este artículo argumenta que, aunque en cada ocasión fueron las consideraciones políticas, más que los principios, los que llevaron al uso del referéndum, defensores de la democracia directa y activistas y defensores de casos similares pueden aprender algunas lecciones de todas ellas. Palabras clave: Escocia, Referenda, Devolución, Independencia. Abstract: Consulting and engaging with the public has become vogue in recent years.  The United Kingdom, without a codified constitution, has utilised the referendum to decide upon constitutional issues, with the vote to leave the European Union in June 2016 the most recent of these.  This article explores the Scottish experience of referendums, examining the failed devolution referendum of 1979, the reversal of this decision in 1997, and the independence referendum of 2014, in which Scots, apparently decisively, voted to remain in the UK.  This article argues that, though on each occasion political considerations rather than principle led to the use of referendums, there are lessons to be learned from each, both for proponents of direct democracy and for campaigners and activists in similar cases.Keywords: Scotland, Referendums, Devolution, Independence

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