However, in practice, exercising s. In large listed companies which may have millions of shareholders, in practice, there is usually no overall voting majority, each shareholder usually only controlling only a tiny proportion of the overall vote.
For those who chose to vote, because they are distant from the daily running of the company, their vote is conducted on the advice of the directors. Thus, directors ultimately control the one organ, which holds the power to compel directors to act in shareholders interests. Though statutory provisions can be seen as practically ineffective, there are other factors which can practically compel the behaviour of directors.
Shareholders interests are defined by Latham CJ in Mills v Mills  as the enhancement of shareholder value or profit maximization. Therefore a decision or action which is contrary to this would be seen as contradictory to shareholders interest. In the modern commercial market, many directors have a greater disposition to respond to shareholders interests as company policy affects them personally.
In the modern economic market, share price is seen as a public indication on how well a company and its directors are maintaining its business interests. Therefore it is important not only for the shareholders but also for these directors to continually adhere to shareholders interests and profit maximization. If share prices seen as low for a considerable period of time, the company maybe subject to a takeover bid to with the directors may be terminated from office if the takeover bid is successful.
As previously mentioned the notion that management are insufficiently accountable to shareholders and that they are afforded too much freedom has been a recent issue in UK. So far, the measures taken to redress the balance have been limited. There have modest recommendations to shareholders in the form of the Cadbury and Greenbury Codes of Best Practice, which advise shareholders to actively become more involved in the affairs of the company and exercise their voting rights.
There have been greater recommendations made in the newly drafted Higgs Codes of Best Practice, and while this serves to give shareholders greater control, the Cadbury and Greenbury Codes have not been seen as far reaching enough, while the Higgs Code is seen as too far reaching and will have to be toned down to successfully come into effect.
The argument that there is commercial restrictions does hold to a certain extent, however, there is no requirement that the director have to follow these practices, it is at their own discretion. Thus the restrictions on directors are in place in theory, however, in practice, they are still not effective in compelling the behaviour of directors towards the interests of shareholders. There are UK writers just like me on hand, waiting to help you. August 16, Coursework ID: Critically discuss the hierarchy of sources of EU law.
In your answer please refer to legal comment and any other sources of EU law you consider appropriate. October, Date submitted: It is whether, in practice, an import is excluded from the domestic market. That is as it should be. Article 34 TFEU states: Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. The test outlined by Article 34 is evidently broad in terms of In Hunter v Mann Boreham J said that a doctor is under a duty not to disclose voluntarily information which he, the doctor, has gained in his professional capacity, save in very exceptional circumstances.
However, in practice, it seems that the circumstances in which information about a patient may be disclosed to others is very far from exceptional. The duty of confidentiality cannot be an absolute obligation, Siegler argues that preserving it may constrict good administration in hospitals, there must be a degree of flexibility as to all.
Not available Date submitted: May 06, Coursework ID: With reference to this statement critically discuss the extent to which exceptions to the duty to keep confidences raise challenges for the medical profession. It is without a doubt that there is no challenge in establishing a general duty of confidence especially in the area of medical law, confidentiality has its roots traced back to the Psychological Injury — Problem Question A coach, full of young children coming back from a day trip to the theatre, is involved in a multiple vehicle pile-up on the motorway, caused by negligent driving of Steve, the driver and owner of one of the cars in the pile-up.
One of the children, Abbey, is seriously injured in the accident. Her foster parents are at work and cannot be contacted immediately. When they eventually get to the hospital, five hours later, they are traumatized by the state in which they find their foster daughter.
Another of the children, Cosmo, was trapped in the wreckage and suffered serious head injuries. Bob, a passing motorist who stopped to help, and Ray an ambulance worker who arrived at the scene, both struggle long and hard to free him.
Last week he got into an argument with his neighbour over a trivial matter which culminated in Bob hitting him over the head with a heavy object. The neighbour had died as a result of his injuries and Bob is now facing many years in jail and the loss of his job and family. Abbey v Steve Abbey would succeed in a claim for the personal injury sustained as Steve owed a duty to every other road user Nettleship v Weston and has clearly fallen below Janet has a black belt in martial arts and was known to be able to take care of herself, she was employed by Rattlecar as a casual night watchperson and had been given strict instructions not to assault or restrain an intruder, at most just to attempt to scare them off, and to trigger the alarm, then immediately call the police.
On the evening in question unknown to Janet, Gordon Bloggs had arranged to collect his car from the premises after work. When he arrived at Rattlecar he was knocked to the ground by Janet, who continued to hit him until Kelvin intervened. Gordon Bloggs was suffered seriously injures while at the premises of Rattlecar. The issues The main issue is whether Rattlecar as employer is vicariously liable for the conduct of Janet, its employee, in respect of the injuries suffered by Gordon Bloggs at the premises of Rattlecar on the date in question.
Rules and Application Sparrow v Tortoise Rattlecar employed Janet as night watchperson as she had a black belt in martial arts and was known to be able to take care of herself April 14, Coursework ID: Alphie, a minor celebrity, was recently admitted to hospital following an accident in which he damaged his leg.
Due to his shock, Alphie lost consciousness shortly after he was brought into the hospital. When he woke therefore, Alphie was missing his toes and was particularly upset that he had not agreed to this. Alphie found this increasingly irritating as he could not sleep.
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