Monday 16 September 2024
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
I hope you had a great weekend. Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.
Question: The UK government has introduced a new bill in Parliament that seeks to extend the detention period for suspects held under terrorism charges from 14 days to 28 days without charge. The bill also contains provisions that restrict public access to certain court hearings involving national security matters. Several civil rights organizations argue that the proposed bill violates fundamental rights under the European Convention on Human Rights (ECHR) and seek a judicial review to challenge the bill’s compatibility with the Human Rights Act 1998.
Which of the following rights under the European Convention on Human Rights (ECHR) is most directly engaged by the proposed bill, and what is the most appropriate legal principle for the court to apply in reviewing the bill’s compatibility?
- The right to liberty and security (Article 5 ECHR); the court should apply the principle of proportionality to determine whether the extended detention period is necessary and justified.
- The right to a fair trial (Article 6 ECHR); the court should determine whether the bill adequately provides for legal representation for detained suspects.
- The right to respect for private and family life (Article 8 ECHR); the court should assess whether the bill infringes on the privacy rights of suspects and their families.
- The prohibition of torture (Article 3 ECHR); the court should determine whether the extended detention period constitutes inhuman or degrading treatment.
- The right to freedom of expression (Article 10 ECHR); the court should assess whether the restrictions on public access to court hearings violate the right to receive and impart information.
Study Material: For more on the topic of this week’s question see the video linked here and if you are looking for a relevant title, see here. Discount Code: Use core “REVSQE10” for 10% off all products (including bundles) and free p&p for printed resources when purchasing directly at https://revise4law.co.uk/revisesqe-shop/
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Answer and feedback to last week’s question: EcoVentures Ltd. is a medium-sized private company specializing in sustainable energy solutions. The company’s board of directors consists of five members, including Jane, who serves as the Chair of the Board, and Alex, the CEO. Recently, Jane has been concerned about a lack of transparency and accountability in the company’s decision-making processes. She notices that Alex has been entering into high-value contracts without consulting the board or providing sufficient documentation. Some of these contracts have led to financial losses, and the board was unaware of these transactions until they were already executed. Jane wants to ensure that all significant decisions are made with appropriate oversight and is considering how to strengthen corporate governance within EcoVentures Ltd.
Which of the following actions is most likely to improve corporate governance at EcoVentures Ltd. and address the issues of transparency and accountability?
- Require Alex to seek approval from Jane for all contracts over a certain value.
- Appoint a new CEO who is more experienced in corporate governance.
- Change the articles of association to require board approval for all high-value contracts and ensure regular reporting to the board.
- Allow shareholders to directly approve or veto all business transactions over a certain value.
- Implement a profit-sharing scheme to align the interests of the directors with those of the shareholders.
Correct Answer: 3. Change the articles of association to require board approval for all high-value contracts and ensure regular reporting to the board. Feedback: To improve corporate governance and address the issues of transparency and accountability, it is essential to establish clear policies that define the decision-making processes within the company. By requiring board approval for all high-value contracts and ensuring regular reporting to the board, EcoVentures Ltd. can create a system of checks and balances that enhances oversight and accountability, preventing one individual from making unilateral decisions that could harm the company. Option 1 is incorrect because requiring Alex to seek approval only from Jane does not address the broader need for transparency and collective decision-making by the entire board. Option 2 is incorrect because appointing a new CEO may not resolve the systemic governance issues without accompanying changes to the company’s governance structure. Option 4 is impractical, as it would involve shareholders in day-to-day business decisions, which is incompatible with the Companies Act and could lead to inefficiency and delays. Option 5, while it might align financial incentives, does not directly address the lack of oversight and transparency in decision-making processes. Therefore, the best approach is to establish a formal policy that requires board approval and regular reporting, which directly targets the governance weaknesses at EcoVentures Ltd.
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Dr Ioannis Glinavos
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