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Chapter

This chapter describes the meetings of shareholders and the resolutions passed during such meetings. It covers the types of general meeting; resolutions; calling a general meeting; notice of meetings; proceedings at meetings; minutes and returns; and written resolutions.

Chapter

This chapter examines the issue of business ethics. It first explains why business ethics matter. It then considers the notion of notion of corporate responsibility, and sets out policies and practices to ensure that businesses have an ethical dimension to their decision-making. The chapter explores the role of businesses in promoting worldwide social goods. It also considers the role of the lawyer in helping businesses to behave in an ethical way.

Chapter

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter deals with public participation in environmental law and policy. Over recent years, there have been significant moves towards increasing both the quantity and quality of public participation in many different areas of environmental decision-making. The exact nature of public participation can take many forms, but the chapter concentrates on access to information on the environment and public participation in environmental decision-making. It also looks at some of the reasons for giving greater access to environmental information; the types of environmental information that are available; the use of environmental information as a regulatory instrument; international and European initiatives; and past, present, and future approaches to access to environmental information in the UK.

Chapter

This chapter describes the meetings of shareholders and the resolutions passed during such meetings. It covers the types of general meeting; resolutions; calling a general meeting; notice of meetings; proceedings at meetings; minutes and returns; and written resolutions.

Chapter

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers the questions that arise when trustees are given a dispositive discretion, i.e. the power to decide whom to pay, how much, and when. It first identifies five of the most important types of dispositive discretion: discretionary trusts; powers of appointment; powers of accumulation; powers of maintenance; and powers of advancement. It then turns to the duties and certainty requirements in trusts involving dispositive discretions. There are two main ones. The first is remaining within the terms of the disposition as laid down by the settlor (above all, paying only the right people). The other is handling the exercise of the discretion in a proper way. The chapter also discusses the proper bases for a decision and the depth of information with which trustees are required to equip themselves before making their decision.

Chapter

This chapter explains how an LLP makes decisions, identifying the sorts of decisions that require unanimity and the sorts of decisions that can be decided by a majority. It considers how a decision-making power must be exercised, and the extent to which fetters such as good faith, rationality and natural justice will impact on the decision-making process. Lastly, it considers what the consequences of an unlawful decision are.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary from author Thomas Webb.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on one of the vital roles played by members of a company, namely their ability to make decisions. A significant amount of power is placed into the hands of members and numerous key decisions are reserved for them alone. This chapter looks at the rules by which general meetings are run and discusses the effectiveness of the general meeting.

Chapter

Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes

This chapter looks at the international, European, and national laws relating to environmental assessment, and the explosion of litigation that has occurred over the years. Environmental assessment has emerged as one of the key environmental law mechanisms. Its essence is that information about likely environmental impacts of things such as development projects, and now also plans and programmes, is properly considered before potentially harmful decisions are made. It can be useful to think about environmental assessment in the context of some wider issues of environmental decision-making. Another basic issue addressed here is one that frequently crops up in environmental assessment law; namely, the tension between adhering strictly to procedural rules and adopting a pragmatic approach to decisions that are considered sensible.

Chapter

This chapter discusses who can consent to or refuse medical treatment for a child, and considers in what circumstances the child themselves can make this decision. This involves discussion of Gillick competence, which refers to circumstances where a child is viewed as having the required maturity and understanding to make these decisions. It also examines the role that parents play in the decision-making process. It explores cases where parents and doctors disagree on the treatment proposed and consider how these disputes are resolved. The chapter concludes by considering an alternative route to settle disputes concerning the medical treatment of children and examines the role that mediation can take in this context. It considers whether this has the potential to avoid extreme situations, such as that seen with Ashya King's parents removing him from the hospital and fleeing the country to avoid the treatment proposed by the doctors and receive alternative treatment abroad.

Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines ‘illegality’ as a ground for judicial review. Central to judicial review is the idea of ultra vires, which is the principle that public authorities have to act within their legal powers, and that if they act or fail to act consistently with their legal powers, they will be acting unlawfully. Case law on the exercise of discretionary powers by public authorities is discussed. The issue of jurisdiction is also considered, in particular, the distinction between errors of law and errors of fact.

Book

Brenda Hannigan

Company Law brings clarity and analysis to the ever-changing landscape of this field. The text aims to capture the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides readers through all the major areas. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors' duties and liabilities), shareholders' rights and remedies (including powers of decision-making and shareholder engagement), corporate finance (including share and loan capital), and corporate insolvency (including insolvencies arising).

Chapter

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.

Chapter

This chapter provides an introduction to legal reasoning. It first outlines the skills to analyse how judges decide cases. There are various points of view that judges can (and do) take in deciding the outcomes of cases, so the chapter introduces some of the theory behind judicial reasoning before moving on to show how judges reason in practice, how one case can give rise to multiple judgments, and the importance of legal ethics.

Chapter

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary from author Thomas Webb.

Chapter

This chapter examines impartiality and independence in public administration. The topics that are discussed include judicial bias, administrative bias, waiver, determining civil rights, compound decision making, and the value of independence, with an explanation of the requirement of an independent tribunal in Art 6 of the European Convention on Human Rights. The chapter also explains the difference between bias (which is unlawful), and a lack of impartiality (which may be lawful), and explains when bias will be presumed. Bias is presented as both a lack of due process, and also as a flaw in the substance of a decision maker’s reasoning.

Chapter

This chapter illustrates the principle of relativity by explaining why public authorities may or may not be required to give reasons for their decisions, depending on the type of decision and its context. The reasons why public authorities should sometimes explain their reasons for a decision reflect the three process values explained in Chapter 4: requiring reasons may improve decisions, it may be unfair (to a person affected by the decision) for the decision to be unexplained, and reasons may support judicial review, and may improve transparency and accountability in government in other ways. The discussions cover the deprivation principle, the duty of respect, trigger factors for reasons, the Padfield practicality principle, the content of reasons, how to remedy inadequate reasons, process danger, and the difference between process and substance, and why it matters.

Chapter

This chapter focuses on legal reasoning more conceptually. It aims to develop a deeper understanding of what is involved in legal reasoning within the process of adjudication, focusing on how legal arguments seek to provide justification for specific decisions, and to help to predict the form of argument that judges may prefer. Legal reasoning is presented first as a theoretical construction, on which there is much debate, then as a specific process. The chapter explores the philosophical territory of legal theory or jurisprudence, examining the theories that underpin legal reasoning and the way that reasoning techniques are employed in legal contexts.

Chapter

This chapter examines the institutions of global governance responsible for formulating and implementing international environmental policy and law. It starts by defining global governance as a continuing process via which conflicting or diverse interests may be accommodated. This provides the environment where cooperative action may be taken. Global governance includes formal institutions and regimes empowered to enforce compliance, as well as informal arrangements. In this situation, there is no single model or form of global governance, nor is there a single structure or set of structures. Global governance, therefor, is a broad, dynamic, complex, process of interactive decision-making. The chapter also looks at the differences in international environmental policy and law today compared to when this book first published twenty-five years previously.

Chapter

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines ‘illegality’ as a ground for judicial review. Central to judicial review is the idea of ultra vires, which is the principle that public authorities have to act within their legal powers and that if they act or fail to act consistently with their legal powers, they will be acting unlawfully. Case law on the exercise of discretionary powers by public authorities is discussed in depth. In addition, the public-sector equality duty in section 149 of the Equality Act 2010 is explained. The concept of jurisdiction and the distinction between error of law and error of fact are also included under this ground of review.