Guest editorial

Citation

Dobson, A. and Gale, C. (2013), "Guest editorial", International Journal of Law and Management, Vol. 55 No. 2. https://doi.org/10.1108/ijlma.2013.01055baa.001

Guest editorial

Article Type: Guest editorial From: International Journal of Law and Management, Volume 55, Issue 2

This is a special edition with all papers coming from members of the Business Accountability and Responsibility Centre (BARC), based at Newport Business School, University of Wales. The Centre brings together researchers in law, accountancy and management and is unique in combining research expertise from both academics and practitioners. The Guest Editor for this edition is Alexandra Dobson, who set up BARC in 2009 with the intention of providing a forum for an outward facing research facility that would consider issues of concern to business. She is now joining the editorial team as co-editor of the journal. Space does not allow for a number of other very worthy contributions but they will appear in a future special edition.

Four articles appear in this issue. First of all, Lyndon Murphy of Newport Business School discusses the relationship between social capital and the director’s duty to promote the success of the company and to foster business relationships, which is a comparatively under-researched issue.

Second is an article from Ruth Gaffney-Rhys and Joanna Jones, both of University of Wales, Newport. This paper explores inheritance planning amongst small business owners, which is important due to the complex nature of a business proprietor’s estate and the fact that the latter sometimes have specific aspirations regarding the succession of the enterprise. The article highlights the problems that can arise if a business owner dies intestate and then considers the levels of will ownership amongst small business owners in South Wales and attitudes to inheritance planning. The primary research conducted found that a significant number of small business owners have not made a will (51 per cent) and that the reasons for not doing are complex and varied. Several themes emerged from the study, such as the importance of contact with professional advisers, the impact of culture on inheritance planning, reliance on trust, the problems associated with complicated family circumstances and the effect of the current economic climate on attitudes to inheritance planning.

Third, David Travers QC, a senior barrister practising in the UK and a Visiting Professor for BARC, explores the concept of moving the regulation of directors’ responsibilities to a professional conduct model. The paper looks at the current regime of criminal regulation and the shortcomings in its use and effectiveness. The paper argues that a professional model for the regulation of directors duties could be more widely used, would be more effective and more flexible.

Finally, Alexandra Dobson herself considers directors duties in the context of the application of Section 37 of the Health and Safety at Work Act 1974. At a time when health and safety law generally is the subject of much debate both by politicians and in the media, the absence of positive duties for directors and senior officers is of particular interest. There have been a number of attempts to change or amend the law, making those who at board level in companies responsible in a direct manner for the health and safety of their workforce. None of the proposed changes have thus far been successful and the major criticism of Section 37 is that it is ancillary and only becomes operative when the corporate body is shown to have failed in its duties. However, the use of the section by regulators does appear to be growing and this increase together with other linked developments in health and safety law poses interesting questions which are examined in the paper. It goes on to look in detail at the response to a Freedom of Information request to the Health and Safety Executive. The request asked for details of the use of the section in the past five years and analysis of the data reveals interesting results which may add to the debate.

Alexandra Dobson, Chris Gale