Archives for March 2013

Without Prejudice privilege

The term “Without Prejudice” is often added to correspondence sent in a commercial setting without considering whether “privilege” actually attaches.  It’s possible that correspondence clearly marked as being “Without Prejudice” is actually admissable as evidence and alternatively that documents that omit the statement are actually subject to privilege because they are in the course of negotiating a settlement. [Read more…]

What is a Corporate Governance Framework?

The term ‘corporate governance’ is often bandied about, but rarely explained in the context of a framework which can be applied to a variety of enterprise types.

So what is it?  Corporate governance is traditionally thought of as the way in which enterprises are directed and controlled.  More recently, corporate governance has been defined as the framework of rules and procedures by which the decisions in an enterprise are made, and how the controllers and held accountable for them.  The term, ‘enterprise’ refers to all types of associations, companies, trusts and other hybrid entities that provide a product or service (Enterprise).

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