A registered company – structure

A G. Barr Plc is a public limited company involved in the production, marketing and selling of soft drinks and mineral waters. It was established in 1875 and they are responsible for the famous IRN-BRU soft drink.

The Registered Address of the Company is:

Westfield House

4 Mollins Road

Westfield

Cumbernauld

G68 9HD

The directors of the company are:

John R. Nicolson – Chairman of the Board

Roger A. White – Chief Executive

Stuart Lorimer – Finance Director

Jonathan D. Kemp – Commercial Director

Andrew L. Memmott – Supply Chain Director

  1. Robin G. Barr – Non-Executive Director

Martin. A Griffiths – Non-Executive Director

Pamela Powell – Non-Executive Director

The last AGM of the Company took place on the 27th May 2014 at KPMG LLP, 191 West George Street, Glasgow, G2 2LJ.

The after tax profit for 2012/2013 was £25,564,000.

As at 26th January 2014, the Company’s issued share capital comprised a single class of ordinary shares of 4 1/6 pence each.

The share price was 682.00 at 15.48 on the 05/03/2015

KPMG Auditors Plc was appointed as auditors. The auditors did not note anything about the accounts in their report, however, it should be noted that a section 519 notice was lodged on the 16/04/2014.

 

An Interesting case

EXTRA INFO I “THINK” MIGHT HELP

So in regards to liability/ breach of duty

Bolton V stone 1951 – calculus of risk – has breach of duty occurred?

Miss Stone was injured when she was struck by a cricket ball outside her home. She brought an action against the cricket club in nuisance and negligence. The cricket field was surrounded by a 7 foot fence. The pitch was sunk ten feet below ground so the fence was 17 feet above the cricket pitch. The distance from the striker to the fence was about 78 yards and just under 100 yards from where the claimant was standing. A witness who lived in the same road as the claimant but close to pitch said that five or six times during the last 30 years he had known balls hit his house or come into the yard. Two members of the Club, of over 30 years’ standing, agreed that the hit was altogether exceptional to anything previously seen on that ground.

Held, that the members of the club were not liable in damages to the injured person, whether on the ground of negligence or nuisance.

Although the possibility of the ball being hit on to the highway might reasonably have been foreseen, this was not sufficient to establish negligence, since the risk of injury to anyone in such a place was so remote that a reasonable person would not have anticipated it.


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Citizenship

PUBLIC LAW 2 Exam Revision

British Citizenship

[British Nationality Act 1948]

Before 1948 the common law & then early statutes embodied concept that all persons born in British territory were subjects. Early legislation also ruled on acquisition of British nationality & loss of it. 1948 Act was intended to harmonise British law with that of the newly independent colonies whereby persons would be both citizens of the ex-colony & of the Commonwealth with rights to enter UK.

Only British citizens have a right to reside/abode. to come & go & work in UK without immigration control and not liable to deportation.

British citizenship is acquired by; Birth, Adoption, Registration, Descent or Naturalisation

Birth – A legitimate child born in the UK one of which parents is already a British Citizen or is “settled” in UK or is in the armed forces at time of birth assumes British citizenship.

Adoption – A child under the age of 18 [Family Law Reform Act 1969] adopted by a British Citizen becomes a BC from date of adoption order.

Descent – A child born outside the UK becomes a citizen if one of his/her parents is a BC, provided that parent has not acquired citizenship through descent. The child will only acquire citizenship if the parent is an employer of the Crown or other designated services.

Registration – A child born in the UK who are not automatically entitled to citizenship through birth have a right to be registered as citizens at the age of 10, provided child has not been absent from UK for more than 90 days in each of the first 10 years. Applications for nationality by registration must satisfy the Sec of state that they are of “good character”

Naturalisation – [British National Act 1981] (Long term resident of good character) A 5 year residence period is a precondition for applying for Naturalisation. No application may be granted unless applicant made necessary oath and pledge loyalty to UK upholding democratic values and obeying its laws.

Aliens may not vote, hold public office, join civil service or armed forces [without special consent], Aliens are liable to expulsion or internment in time of emergency/War & confiscation of property

Discretionary decision by Home Secretary No appeal, no tribunal system Judicial review competent only in limited number of cases

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The changing laws in public law

PUBLIC LAW 2 Exam Revision                                                                                         

[Human Rights Act 1998]

The HRA incorporated rights protected in the European Convention of HR 1950 into domestic law, thus providing a code of human rights which is enforceable in domestic court.

HRA – a comprehensive collection of essential and enshrined basic rights of various kinds –

Civil rights (to education, property, family, fair trial etc)

Political rights (to vote, beliefs, assembly/association)

Protections (torture, slavery, punishment without law)

Liberties, Freedoms (expression, assembly, from arrest

Section 1 – Sets out which articles of the convention are to be incorporated in the act which include articles 2-12 and 14-16. These rights are to be guaranteed and subjected to certain limitations.

Section 2 – All courts are required to take into consideration the entire jurisprudence of ECHR and Commissions etc.

Section 3 – Most crucial, all primary and secondary legislation whenever enacted must be constructed and given effect to be compatible with convention rights in section 1

This can be seen in the case of [ Mykowi & others v Botterill 2010]

Step parents who had a family life with step children entitled to claim [even if step child not accepted as if a child of the step parent as such, still had a family life although no obligation of aliment or PRRs].

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Stages of a Bill

Thank you Robbie.

As Robbie stated, I am going to discuss the process for Bills to become law at Holyrood. 3 types of Bills can be passed at Holyrood, these include Public, Private and Hybrid Bills. Most Bills passed are public Bills and I will be discussing the stages that this public Bill takes to become law. There are different types of public Bills for example –

Gov bills which are introduced by a minister,

Committee bills introduced by one of the parliamentary committees

and member’s bills which are introduced by individual MSP’s.

The process these Bills take is dictated by the Scotland Act of 1998 as it explains Parliament can only legislate for or in relation to Scotland so therefore all Bills passed must only be relevant to Scotland. More importantly however, in section 36, subsection 1 of the Scotland Act, it requires that there be at least 3 distinct stages to a bill and unlike Westminster, Bills do not start off with Green or White paper drafts.

Since the major function of a parliament is to make laws it was important that the whole legislative process (how laws are made) was devised keeping the four key principles in mind. The legislative process is based on the idea that Parliament itself should be strong, that the people of Scotland from all walks of life, pressure groups, and regions should participate and share power. A key element of the process is to ensure openness and encourage participation.

Pre-legislative Consultation

In order to share the power to influence policy, arrangements have been made to allow Parliament and interested individuals and groups to be consulted about proposed legislation before it becomes a bill. This pre-legislative consultation is designed to be open and participatory, allowing access to the decision-making process. This system prevents the government from being selective about which pressure groups have an opportunity to be consulted before policy is devised.

The outcome of the consultation process must be attached to draft bills (as a memorandum) and so the views of pressure groups and any opposition to the proposals are open and public at an early stage.

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