An investigation into the affairs of a company or an aspect of those affairs by the Department of Trade and Industry (DTI) can have far-reaching implications for those involved. This includes,for example, directors' disqualification proceedings and criminal prosecution. In recent years the number of investigations has increased substantially; in 1996/7 the DTI formally considered more than 1,300 cases. Over 400 investigations under the Companies Acts, section 44 of the Insurance Companies Act 1982 and section 177 of the Financial Services Act 1986 (insider dealing) were commenced in the same period. The book places these statutory investigations in their public law context, examining in detail the public law principles governing such matters as public interest immunity and procedural fairness. It also analyses the European Convention on Human Rights cases on investigations and the use of evidence and explains the implications for domestic law. This book examines the company investigation system, and will be a valuable vade mecum for investigators appointed by the DTI or for witnesses to an investigation. It is a unique work of reference and analysis, written by a leading practitioner in this area, and will rapidly become established as the leading work in this area.Table of Contents Introduction; Historical Background; The Investigations Handbook; The Investigation of Investigations; The Conduct of Investigations; Obtaining Evidence; Preparation of Reports and Procedural Fairness; Disclosure of Information Received During the Course of an Investigation; The Publication of Reports; The Expenses of Investigations; The Link with Other Investigations; Subsequent Action by the Secretary of State; The Use of Evidence and Reports in Civil and Criminal Proceedings; Proposal for Reform; Appendix - Relevant Statutory Provisions
The book demystifies business principles through:
The book examines how the absence of insurance in the past led to some special maritime liability law principles such as 'general average' (i.e., losses or expenses shared by all the parties to a maritime adventure) and the limitation of shipowners' liability. In the absence of insurance, these principles served the function of insurance mostly for shipowners. As commercial marine insurance is now widely available, these principles have lost their justification and may in fact interfere with the most important goal of liability law i.e., deterrence from negligence. The work thus recommends their abolition. It further argues that when insurance is easily available and affordable to the both parties to a liability claim, the main goal of liability law should be deterrence as opposed to compensation. This is exactly the case with the maritime cargo liability claims where both cargo owners and shipowners are invariably insured. As a result, the sole focus of cargo liability law should be and to a great extent, is deterrence. On the other hand in the vessel-source oil pollution liability setting, pollution victims are not usually insured. Therefore oil pollution liability law has to cater both for compensation and deterrence, the two traditional goals of liability law. The final question the work addresses is whether the deterrent effect of liability law is affected by the availability of liability insurance. Contrary to the popular belief the work attempts to prove that the presence of liability insurance is not necessarily a hindrance but can be a complementary force towards the realization of deterrent goal of liability law.
Congress has seen a renewed interest in the market for private health insurance since the passage of the Patient Protection and Affordable Care Act (ACA). This book provides an overview of private-sector (as opposed to government-provided) health insurance. It serves as an introduction to health insurance from the point of view of many consumers under the age of 65. Furthermore, the book provides background information about modifying or building on the current health insurance system; discusses how understanding the potential impact of such proposals requires a working knowledge of how health insurance is provided, purchased, and regulated; and describes various ACA provisions that affect the private insurance market.
Entertaining and easy to read, A Lawn Chair Gardener's Guide shows readers why it's time for a "Yard 2.0" and how create to create beautiful, functional, and sustainable yards that provide maximum yields with minimal effort. Pape's low-maintenance "lawn chair" gardens create habitat, conserve water, reduce the carbon footprints, and eliminate the need for chemicals.
Mixing one part gardening, one part concern for the environment, and one part personal growth, Pape sets out to change the world, one yard at a time. Best of all, she makes it easy. Pape has a knack for explaining complex topics like organic gardening and companion planting in an approachable way. You too can grow your own food, improve your little corner of the world, and transform your yard into an oasis.
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