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2 Bus. L. Rev. 1 (1981)

handle is hein.kluwer/blr0002 and id is 1 raw text is: Business Law Review In Perspective Company Law - the Minority Share- holder Breaks Out 3 Insolvency Receivership - A General Guide 5 EEC EEC Water Sources 8 Trade Government Buying 9 Companies Companies Forms 11 International Trade and Investment Doing Business in the GDR 21 Taxation Stock Relief 23 Stock Exchange Substantial Acquisition in Shares - New Rules 25 Profile WTS Digby-Seymour, Chairman of the Law Society's Commerce and Industry Group City News 2 Around the Profession 12 Infobank 13 In Parliament 20 Far East Newsletter 29 Book Review 30 Brussels Newsletter 31 American Newsletter 32 IABCI Editorial Office 9-12 Bell Yard, Temple Bar London WC2A 2JR Telephone: 01-405 6900 Subscription Office Butterworths Borough Green, Sevenoaks, Kent Telephone: Borough Green (0732) 884567 Advertisement Managers T G Scott & Son Ltd 30-32 Southampton Street London WC2E 7HR Telephone: 01-240 2032 Consultant Editor Keith Walmsley FCS, Solicitor Editor Judy Hodgson LLB Assistant Editor Ruth Eldon Vol 2 No 1 January 1981 Subscription January-February 1981 £48 post free, inland 6I I Lawyers-and their Clients-under Threat The oral hearing in the AM & S Europe Ltd case before the European Court of Justice in November has further under- lined the moves by the Commission to resist, in practice, claims that docu- ments are protected by legal profes- sional privilege (see BLR, December 1980, p 362). The European Court has made it clear that the question of the existence and extent of a doctrine of legal professional privilege in EEC law is of major relevance to the case but the Commission seems to have rather avoided expressing any view on this question in the course of the oral hear- ing. Another disturbing development is the concerted attacks in Parliament by opposition members on Mr Peter Rees QC, Minister of State at the Treasury. In essence they are questioning the propriety of Mr Rees holding a Treas- ury ministerial appointment after hav- ing given in the course of his practice at the Bar professional advice to the Rossminster tax planning group and its clients. Since Mr Rees is the Govern- ment's acknowledged technical expert in taxation matters it is not surprising that his advice was in demand while he was in practice prior to his ministerial appointment. Applying his logic, no barrister who has acted for a client against the Government would be elig- ible for appointment as Attorney Gen- eral and many other possible disqualifi- cations spring readily to mind. Since many practitioners at the Bar harbour political ambitions they would have to become rather selective in their choice of clients. Might not the Bar code of conduct need to be amended to allow an exception to the normal cab rank rule on acceptance of briefs where a barrister's legitimate political aspira- tions would be placed at risk? Other professions too might need to consider the implications also - for instance accountants might need to be careful over the companies they audit in case the client company might be engaged in a business not considered to be socially acceptable. While business lawyers understand- ably do not have the time to dwell overmuch on overtly human rights questions, it is to be hoped they will recognise these threats to their inde- pendence and their clients' interests and play their part in opposing these moves. And Now We Are Ten In this first issue of 1981 it is cheering to be able to refer, in the context of an otherwise gloomy world situation, to a positive development in international trading relations: the accession on January 1 of Greece to the European Communities. The realisation by the Government of Greece of the inter- dependence of European countries is underlined by the following statement by the Bank of Greece: Once we are in the Community, economic decisions which have a direct bearing on Greece's development drive will no longer be taken over our heads; henceforth we shall be actively involved in the decision-making process as full and equal members. It is no secret, how- ever, that there is opposition within Greece to full membership of the Community. Certainly if Mr Papan- dreou and his Pasok party are elected to power in Greece he will press for a referendum to sanction withdrawal. His views are also shared in the UK by a conference decision of the Labour party (though the referendum element would probably be dispensed with here). The newly constituted Commission under the Presidency of M Gaston Thorn and including its first Greek member, Mr George Kontogeorgis, looks likely to face a challenging term of office. Under the Presidency of Mr Jenkins the Community has increas- ingly become a forum for political as well as trading co-operation among the European powers. It is perhaps in this context that the accession of Greece, and in due course Spain and Portugal, will have its greatest significance. Copyright '2007 by Kluwer Law International. All rights reserved. No claim asserted to original government works.

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