Once the conviction has been set aside, there could be no public policy objection to an action for negligence against the legal advisers. There could be no conflict of judgments. On the other hand, in civil, including matrimonial, cases, it would seldom be possible to say that an action for negligence against a legal adviser or representative would bring the administration of justice into disrepute. Whether the original decision was right or wrong was usually a matter of concern only to the parties and had no wider implications. There was no public interest objection to a subsequent finding that, but for the negligence of his lawyers, the losing party would have won. But again there might be exceptions. The action for negligence might be an abuse of process on the ground that it was manifestly unfair to someone else. Take, for example, the case of a defendant who published a serious defamation which he attempted unsuccessfully to justify. Should he be able to sue his lawyers and claim that if the case had been conducted differently, the allegation would have been proved to be true? It seemed unfair to the plaintiff in the defamation action that any court should be allowed to come to such a conclusion in proceedings to which he was not a party. On the other hand, it was equally unfair that he should have to join as a party and rebut the allegation for a second time. A man's reputation was not only a matter between him and the other party. It represented his relationship with the world. So it might be that in such circumstances, an action for negligence would be an abuse of the of the court. Having regard to the power of the court to strike out actions which had no prospect ofsuccess, the doctrine unlikely in that context to be invoked very often. The first step in any application to strike out an action alleging negligence in the conduct of a previous action had to be to ask whether it had a real prospect of success. Lord Hope, Lord Hutton and Lord Hobhouse delivered judgments in which they agreed that the immunity from suit was no longer required in relation to civil proceedings but dissented to the extent of saying that the immunity was still required in the public interest in the administration of justice in relation to criminal proceedings. Comment This decision is of major and historic importance in the English legal system for several reasons. It can be seen as a bold attempt by the senior judiciary to drag the legal profession (often a metonymy for the whole legal system) into the 21st century world of accountability and fair business practice. In his judgment, Lord Steyn makes this dramatic observation:

2012 ◽  
pp. 506-508
Keyword(s):  
Legal System ◽  
Public Interest ◽  
The Other ◽  
Criminal Proceedings ◽  
The Public ◽  
Other Hand ◽  
Civil Proceedings ◽  
Administration Of Justice ◽  
Legal Adviser ◽  
To Come

scholarly journals Wyłączenie stosowania przepisów ustawy o swobodzie działalności gospodarczej w sprawach o cofnięcie koncesji na prowadzenie kasyna gry a ochrona interesu publicznego

Prawo ◽  
2017 ◽  
Vol 323 ◽  
pp. 211-221
Author(s):  
Konrad Kopystyński
Keyword(s):  
Public Interest ◽  
Economic Activity ◽  
The Other ◽  
The Public ◽  
Other Hand ◽  
The Law

Exclusion of the application provisions of freedom of economic activity act in the scope of concession for operating casino games and the protection of the public interestThis article presents the comparison between provisions of freedom of economic activity act and the law on gambling in scope of conditions related to revoking concession for operating casino games. To revoke that concession, only provisions of law on gambling can be applied because of provisions of freedom of economic activity act are excluded in that cases. That regulation allows the raising of freedom economic activity, but the other hand — also causes the limitation in the protec­tion of public interest.

A PUBLIC PROSECUTOR’S MOTION TO REVOKE OR AMEND A LEGALLY BINDING COURT’S CONFIRMATION OF INHERITANCE ACQUISITION

2021 ◽  
Vol 2 (XXI) ◽  
pp. 155-166
Author(s):  
Rafał Adamus
Keyword(s):  
Rule Of Law ◽  
Central Point ◽  
The Other ◽  
The Rule Of Law ◽  
The Public ◽  
Private Interests ◽  
Other Hand ◽  
Civil Proceedings

This study is devoted to the issue of the prosecutor’s motion to amend or revoke a legally binding decision on the confirmation of inheritance. The public prosecutor’s interference in civil proceedings is exceptional. It is conditioned by the need to protect the rule of law. On the other hand, civil proceedings serve to satisfy private interests. The study indicates the essence of the institution of revoking a legally valid inheritance order. The general principles of public prosecutor’s participation in civil proceedings were presented. The central point of the study is the analysis of the conditions for submitting an application by the prosecutor to revoke or amend a legally valid decision on the confirmation of inheritance acquisition.

Predictive Genetic Testing: Congruence of Disability Insurers' Interests with the Public Interest

2007 ◽  
Vol 35 (S2) ◽  
pp. 52-58 ◽  
Author(s):  
Anita Silvers
Keyword(s):  
Genetic Testing ◽  
Public Interest ◽  
Genetic Information ◽  
Disability Insurance ◽  
Predictive Genetic Testing ◽  
The Other ◽  
Genetic Characteristics ◽  
The Public ◽  
Other Hand ◽  
The Individual

The idea that disability insurers would benefit if the use of predictive genetic testing expands may seem little short of obvious. If individuals with higher than species-typical genetic propensities for illness or disease are identified, and barred or discouraged from participating in disability insurance programs, is it not obvious that the amount that disability insurers pay out will decrease? Is there any reason to doubt that insurers thus would gain advantage by promoting genetic testing? Writers on this subject typically have taken on faith that advantage goes to whoever knows most about the genetic characteristics of the individual seeking insurance. They therefore have assumed, without proving, that insurers’ interests lie with proliferating genetic information about insurance seekers.Consequently, from a perspective that gives priority to commercial interests, denying insurers the freedom to obtain genetic information about insurance seekers or holders appears obviously damaging and even unfair. On the other hand, from a perspective that gives priority to the interests of citizens who may use insurance, the greater use of and access to predictive genetic testing sets off ethical alarms.

scholarly journals UDZIAŁ OSÓB NIEUPRAWNIONYCH W WYDANIU ORZECZENIA W POSTĘPOWANIU CYWILNYM - UWAGI NA TLE D.1,14,3 I D.41,3,44 PR.

2017 ◽  
Vol 6 (2) ◽  
pp. 97
Author(s):  
Bartosz Szolc-Nartowski
Keyword(s):  
Common Sense ◽  
Public Interest ◽  
Civil Procedure ◽  
The Other ◽  
Roman Law ◽  
Private Law ◽  
The Public ◽  
Civil Proceedings ◽  
Bona Fide ◽  
Polish Law

Participation of Unauthorised Persons in Issuance of Decisions in Civil Proceedings - Remarks on the Basis D. 1,14,3 and D. 41,3,44 pr.SummaryAccording to Polish civil procedure a sentence given by an unauthorized person is invalid. This was not always the case in ancien Roman law. Ulpianus declared that when a slave, who escaped from his master, became a praetor, his acts were valid. He took into consideration serious problems of those who had put their trust in the praetor’s office as well as the respect for humanitas. A basic common sense requires that what was well decided, should be considered valid. According to the author, Ulpianus realized that the rule of ius civile which determined the requirements for entering in a praetor’s duties had the character of a guarantee. If the purpose, for which this rule was established, was achieved, such acts should be accepted as valid.The question arises whether that approach could be applied to contemporary cases of iudex incompetens. Furthermore, whether it would be justifiable to extend this solution to other - not only procedural – but also material, guarantee rules?The answer is not easy. In D. 41,3,44 pr., a pater familias conducted the procedure of adrogation (adoption) improperly. Papinianus decided that, although pater familias made a justifiable mistake, all that the son enacted in the name of the father, was invalid. Nevertheless a different rule, as the jurist says in D. 41,3,44 pr., must be observed in the case of homo liber bona fide serviens - a person, who being unaware of his free man status, served as a slave. Actions taken by such a person were valid (the purchaser of a slave had to be protected), since transactions of that kind happened very often. More importantly, any other solution would be against the public interest. O n the other hand, it was very rare for a pater familias to wrongly adrogate, therefore the example of pater familias did not create a general rule.It seems quite difficult to indicate one principle which could be applied to all the guarantee rules. As far as the case of an unauthorized person giving sentence is concerned, the Roman private law shows that the regard for the public interest may sometimes justify solutions different from those preferred by Polish law.

scholarly journals The Public Enforcement of Sanctions against Illegal Phoenix Activity: Scope, Rationale and Reform

2016 ◽  
Vol 44 (2) ◽  
pp. 201-225
Author(s):  
Michelle Welsh ◽  
Helen Anderson
Keyword(s):  
Public Interest ◽  
The Other ◽  
Publicly Funded ◽  
Public Enforcement ◽  
Policy Perspective ◽  
The Public ◽  
Private Interests ◽  
Other Hand ◽  
A Company

The loss suffered by unsecured creditors of all insolvent companies is the non-payment in full of amounts rightfully owed to them. This loss is all the more unacceptable to creditors when a company has been illegally phoenixed by the transfer from the insolvent company of assets at undervalue. One way of increasing the pool of funds available for distribution to creditors is to issue proceedings seeking compensation against directors alleging that their ‘phoenixing’ amounted to a breach of directors’ duties or insolvent trading. Such an action may be instigated by the liquidator and by ASIC. ASIC's enforcement role can be contrasted with the recovery role of the liquidator where the latter acts primarily in the furtherance of private interests, being those of the insolvent company's creditors; ASIC's mandate, on the other hand, is to act in the public interest. The purpose of this article is to examine the enforcement roles of liquidators and ASIC where suspected illegal phoenix activity has occurred. Following consideration of the difficulties faced by liquidators acting on behalf of creditors of phoenixed companies, this article considers whether it is appropriate, from a policy perspective, for the public regulator to promote private interests by exercising its enforcement powers for the benefit of creditors. The argument in favour of a publicly funded regulator seeking compensation for creditor losses is particularly compelling in the context of illegal phoenix activity, given the inability of creditors to bring enforcement proceedings themselves and the difficulties faced by liquidators when they seek redress for creditors’ losses.

Opbouw en vernietiging

Lampas ◽  
2020 ◽  
Vol 53 (1) ◽  
pp. 28-48
Author(s):  
Michiel van der Keur
Keyword(s):  
Public Interest ◽  
The Other ◽  
Love Poetry ◽  
Final Exam ◽  
The Public ◽  
Other Hand ◽  
Insight Into

Summary In the Aeneid, the recurrent themes of ‘construction’ and ‘destruction’ (the topic of the Latin final exam of 2020) can be connected to generic roles. Dido, founder of Carthage, is presented progressively in elegiac terms, as is suggested by a number of echoes of Sapphic love poetry; as a character, she is guided primarily by personal motives. Dido’s ‘elegiac role’ forebodes her own destruction and that of her city. Aeneas, on the other hand, needs to adhere to his epic role as founder of the new Trojan/Roman nation, in order to avert destruction and the repetition of Troy’s fate. When during his stay in Carthage he starts to show signs of transforming into an elegiac lover, the gods intervene and put him back onto the epic track: the public interest should take precedence over personal feelings. This opposition between elegiac Dido and epic Aeneas may grant insight into Vergil’s message for his contemporaries.

10. Public interest immunity, closed material procedures, and disclosure

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Foreign Policy ◽  
Criminal Justice ◽  
National Security ◽  
Public Interest ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Criminal Proceedings ◽  
The Public ◽  
Civil Proceedings ◽  
Civil Cases

This chapter, which deals with public interest immunity (PII) and disclosure in criminal and civil cases, first explains exclusion of evidence on the grounds of the PII doctrine in relation to the public interest in non-disclosure of documents. It then considers disclosure in criminal proceedings under the Criminal Procedure and Investigations Act 1996 (as amended by the Criminal Justice Act 2003) and the Criminal Procedure Rules 2014 as well as disclosure in civil proceedings under the Civil Procedure Rules. The chapter also examines areas of public interest that are covered by possible PII claims, including national security, defence and foreign policy, protection of children, the identity of police informers, and confidential records held by public bodies. It concludes with an outline of the Closed Material Procedures (CMPs).

PARLIAMENTARY ENCLOSURE, PROPERTY, POPULATION, AND THE DECLINE OF CLASSICAL REPUBLICANISM IN EIGHTEENTH-CENTURY BRITAIN

2008 ◽  
Vol 51 (3) ◽  
pp. 621-642 ◽  
Author(s):  
S. J. THOMPSON
Keyword(s):  
Eighteenth Century ◽  
Fifteenth Century ◽  
Public Interest ◽  
Agricultural Land ◽  
The Other ◽  
The Public ◽  
Perceived Effects ◽  
Military Strength ◽  
Eighteenth Century Britain ◽  
To Come

ABSTRACTThe pamphlet debate concerning the perceived effects of parliamentary enclosure on property and population in eighteenth-century Britain has been largely neglected by intellectual historians. One consequence of this debate was to undermine the credibility of the classical republican economic vision of agrarian simplicity, due to its proponents' failure to come to terms with the enormous disjunction between ancient and modern economies. Although the enclosure of agricultural land had provoked hostility since at least the fifteenth century, after 1700 its opponents developed new arguments to take account of the legislature's increasingly prominent role in facilitating the process. In doing so, anti-enclosure writers drew on classical republican ideas, arguing that enclosure was contrary to the public interest because it eroded the independence of the yeomanry, valorized by numerous republican authorities as integral to the country's military strength. In their criticisms of modern policy, these writers praised the agrarian laws of the Roman republic, as well as the Tudor tillage acts. The agricultural ‘improvers’, on the other hand, denied the validity of these precedents on the grounds that the historical contingencies which had produced the Roman agrarian laws, or the Tudor tillage acts, were of limited relevance in a society based on the interdependence of agriculture, manufactures, and commerce.

scholarly journals The experience of theVoyage dans le cristaltravelling museum exhibition

2015 ◽  
Vol 48 (4) ◽  
pp. 1276-1289 ◽  
Author(s):  
Jean-Louis Hodeau ◽  
René Guinebretiere
Keyword(s):  
Public Interest ◽  
General Public ◽  
Crystalline State ◽  
Life Sciences ◽  
The Other ◽  
New Materials ◽  
The Public ◽  
Other Hand ◽  
Scientific Approach ◽  
The One

Crystallography is little known to the public, even though it underpins much of the research into matter in physics, chemistry, new materials and life sciences. On the one hand, crystallography is present in almost every field of scientific or technical activity and also in innovative applications. On the other hand, the origins of crystallography started with humanity's interrogation and interaction with crystals in prehistoric times, which has continued to the present day. These two `views' can be used to focus public interest on crystallography and show children and students the importance of the scientific approach. As an example, this article describes the travelling exhibitionJourney into the crystal, which presents to the general public the science and the beauty of matter in the crystalline state. This exhibition takes visitors on a journey of discovery about matter, but also on a journey through time to the beginnings of crystallography.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

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