Virtual assignments: breach of covenant against parting with or sharing of possession

Comments on the Chancery Division decision in Clarence House Ltd v National Westminster Bank Plc on whether the alienation covenant in a lease of commercial premises had been breached by the tenant effecting a virtual assignment of it, under which all the economic benefits and burdens of the lease were transferred to a third party without there being any actually assignment of the leasehold interest or change in occupancy.

The visibility/invisibility paradox of trust: Developing distributed educational leadership for online communities

A visibility/invisibility paradox of trust operates in the development of distributed educational leadership for online communities. If trust is to be established, the team-based informal ethos of online collaborative networked communities requires a different kind of leadership from that observed in more formal face-to-face positional hierarchies. Such leadership is more flexible and sophisticated, being capable of encompassing both ambiguity and agile response to change. Online educational leaders need to be partially invisible, delegating discretionary powers, to facilitate the effective distribution of leadership tasks in a highly trusting team-based culture. Yet, simultaneously, online communities are facilitated by the visibility and subtle control effected by expert leaders. This paradox: that leaders need to be both highly visible and invisible when appropriate, was derived during research on 'Trust and Leadership' and tested in the analysis of online community case study discussions using a pattern-matching process to measure conversational interactions. This paper argues that both leader visibility and invisibility are important for effective trusting collaboration in online distributed leadership. Advanced leadership responses to complex situations in online communities foster positive group interaction, mutual trust and effective decision-making, facilitated through the active distribution of tasks.

The legal pendulum swings back

Comments on the Court of Appeal judgment in Abou-Rahmah v Abacha on liability for dishonest assistance to a breach of trust. Discusses whether an objective standard should apply to determine whether the accessory acted dishonestly. Reviews case law, examining whether the combined test proposed in the House of Lords judgment in Twinsectra Ltd v Yardley is still good law.

Creative leadership & communities of practice

This Second Wave presentation focused on 'Creative Leadership and Communities of Practice', with particular reference to issues of trust affecting young people, unemployment and wider uncertainties in an economic recession when people were facing job cuts and in a social environment characterised by cynicism and a downturn in trust. Young people who join Second Wave are brought into a community of practice (CoP) (Lave and Wenger, 1991; Wenger, 1999) involving a dynamic, fluid process which is distinctive in its transformative power to change people's lives. The philosophy behind this involves Dewey's notion of the 'active self' (Dewey, 1916) and the theories of 'social constructivism' (Vygotsky, 1978). The process fosters trust, confidence and social learning (Bandura, 1977; Vygotsky, 1978) in which young people join in with a dialogue involving participation in the youth-centred creative space. The 'border zone' (Heath, 1994) in that creative space enables young people to connect with each other in the specialist field of youth arts. The youth-centred partnerships involved lead to greater confidence and development in a range of important artistic, social, cognitive and emotional skills and opportunities. Ultimately, the young person may become engaged in multi-agency working with Second Wave's external partners. Throughout all of these processes, young people are encouraged progressively to develop a more 'active self' to engage proactively with many different beneficial opportunities relating to the performing arts. In an era in which there has been a loss of trust in public life this is particularly important. If trust is defined in part as a belief in the honesty, competence and benevolence of others, it tends to act like 'social glue', cushioning difficult situations and enabling actions to take place easily that otherwise would not be permissible. The Edelman Trust Barometer for 2009 has recorded a marked diminution of trust in corporations, businesses and government, as a result of the credit crunch. While the US and parts of Europe were showing recovery from a generalised loss of trust by mid-year 2009, the UK had not. Social attitudes in Britain may be hardening - from being a nation of sceptics we may be becoming a nation of cynics: for example, only 13% of the population surveyed by Edelman trust politicians to tell the truth. In this situation, there is a need to promote positive measures to build trust. The presentation aims described key aspects of Second Wave's approach to identify and disseminate its model of good practice to make this more explicit and accessible to others. It is with awareness of the profoundly challenging circumstances facing young people, particularly but not exclusively in inner city urban areas such as Deptford, and the valuable contribution youth arts work can make to their well-being and development, that the presentation was carried out. In an era of generalised mistrust, the work done at Second Wave is crucial in empowering and supporting young people to find a positive and creative direction as part of the community.

Trust, leadership and economic necessity in post-compulsory education

Trust is a complex concept that has increasingly been debated in academic research (Kramer and Tyler, 1996). Research on 'trust and leadership' (Caldwell and Hayes, 2007) has suggested, unsurprisingly, that leadership behaviours influence 'follower' perceptions of leaders' trustworthiness. The development of 'ethical stewardship' amongst leaders may foster high trust situations (Caldwell, Hayes, Karri and Bernal, 2008), yet studies on the erosion of teacher professionalism in UK post-compulsory education have highlighted the distrust that arguably accompanies 'new managerialism', performativity and surveillance within a climate of economic rationalisation established by recent deterministic skills-focused government agendas for education (Avis, 2003; Codd, 1999, Deem, 2004, DFES, 2006). Given the shift from community to commercialism identified by Collinson and Collinson (2005) in a global economic environment characterised by uncertainty and rapid change, trust is, simultaneously, increasingly important and progressively both more fragile and limited in a post compulsory education sector dominated by skills-based targets and inspection demands. Building on such prior studies, this conference paper reports on the analysis of findings from a 2007-8 funded research study on 'trust and leadership' carried out in post-compulsory education. The research project collected and analysed case study interview and survey data from the lifelong learning sector, including selected tertiary, further and higher education (FE and HE) institutions. We interviewed 18 UK respondents from HE and FE, including principals, middle managers, first line managers, lecturers and researchers, supplementing and cross-checking this with a small number of survey responses (11) on 'trust and leadership' and a larger number (241) of survey responses on more generalised leadership issues in post-compulsory education. A range of facilitators and enablers of trust and their relationship to leadership were identified and investigated. The research analysed the ways in which interviewees defined the concept of 'trust' and the extent to which they identified that trust was a mediating factor affecting leadership and organisational performance. Prior literature indicates that trust involves a psychological state in which, despite dependency, risk and vulnerability, trustors have some degree of confident expectation that trustees will behave in benevolent rather than detrimental ways. The project confirmed the views of prior researchers (Mayer, Davis and Schoorman, 1995) that, since trust inevitably involves potential betrayal, estimations of leadership 'trustworthiness' are based on followers' cognitive and affective perceptions of the reliability, competence, benevolence and reputation of leaders. During the course of the interviews it also became clear that some interviewees were being managed in more or less transaction-focused, performative, audit-dominated cultures in which trust was not regarded as particularly important: while 'cautious trust' existed, collegiality flourished only marginally in small teams. Economic necessity and survival were key factors influencing leadership and employee behaviours, while an increasing distance was reported between senior managers and their staff. The paper reflects on the nature of the public sector leadership and management environment in post-compulsory education reported by interviewees and survey respondents. Leadership behaviours to build trust are recommended, including effective communication, honesty, integrity, authenticity, reliability and openness. It was generally felt that building trust was difficult in an educational environment largely determined by economic necessity and performativity. Yet, despite this, the researchers did identify a number of examples of high trust leadership situations that are worthy of emulation.

Reaching across organisational, sectoral and geographical boundaries: exploring the learning potential of an EU cross-border project

Research This paper outlines some of the key findings from an evaluation of the project and demonstrates that EC funded projects such as this, which seek to promote cross border collaboration and understanding (i.e. across organisational, sectoral and geographical boundaries) offer considerable learning potential – not least about variances in health politics across different communities. However, for this learning to be realised a comprehensive system of knowledge management needs to be an integral part of project planning alongside a system for sustaining embryonic professional networks. The concept of managing relationships was also a key part of the projects success. Executing a project funded by the EU demands the development of complex organisational skills to negotiate all the administrative challenges en route to successful completion and this project in particular relied for its success on the development of social relationships of trust and mutual respect across national, professional and social boundaries. Context A three–year European Commission funded project designed to exchange a wide range of staff (professional semiprofessional and voluntary staff in health and social care) project led by the University of Greenwich (UK) and the Université Catholique de Lille, France was completed this year (February 2008). The project was complex because it involved working in different national contexts, was multi-disciplinary, and demanded the negotiation of multiple boundaries. Theories A mixed method evaluation including written reports gathered immediately after each exchange visit and a post hoc series of individual interviews and focus groups was conducted in order to gain qualitative information (from the participants perspective) on their experiences and to identify any learning gained. Results Analysis of the data provided evidence of learning on a number of levels; personally, inter and intra professionally and organisationally as well as across sectors and also from a project management perspective. The learning crystallised around the extent of the differences noted by the participants between the UK and the French health and social care systems despite geographical proximity, common membership of the EU and many shared challenges in health and social care. The extent of these differences, noted at every level from policy to practice proved a rich source for reflection on organisational philosophies, ways of working, distribution of resources, professional roles and autonomy and professional registration and mobility - in short on health politics at ‘macro’ and ‘micro’ levels.

Trust and Leadership in Higher Education in the Downturn

This Leadership Academy Workshop presentation focused on 'Trust and Leadership in the Downturn', with particular reference to the public sector and to education. The presentation discussed a range of definitions of trust, including the view of Mayer, Davis and Schoorman (1995) that trust can be described as 'the willingness of a person to be vulnerable to the actions of another, based on the expectation that the other will perform a particular action important to the trustor, irrespective of the ability to monitor or control that action'. The presentation then focused on the reasons why this relational psychological state is important,particularly in an economic recession when people were facing job cuts and economic uncertainty in a wider political and social environment characterised by cynicism and a downturn in trust. If trust is defined in part as a belief in the honesty, competence and benevolence of others, it tends to act like 'social glue', cushioning difficult situations and enabling actions to take place easily that otherwise would not be permissible. A worrying state of affairs has recently been developing across the world, however, in the economic downturn, as reported in the Edelman Trust Barometer for 2009, in which there was a marked diminuition of trust in corporations, businesses and government, as a result of the credit crunch. While the US and parts of Europe was showing recovery from a generalised loss of trust by mid-year 2009, the UK had not. It seems that social attitudes in Britain may be hardening - it seems that from being a nation of sceptics we may be becoming a nation of cynics: for example, 69% of the population surveyed by Edelman trust the government less than six months ago. In this situation, there is a need to promote positive measures to build trust, including the establishment of more transparent and honest business practices and practices to ensure that employees are treated well. Following the presentation, a workshop was held to discuss the nature of a possible loss of trust in the downturn in the UK and its implications for leadership practices and development.

Options to renew leases: time for legislative relief?

Argues that England should follow the example of Australia and New Zealand and give the courts statutory power to grant a tenant relief against forfeiture of the right to exercise an option to renew a lease by reason of the tenant being in breach of covenant. Suggests the legislative provision introducing this power should adopt wording mirroring that in the Law of Property Act 1925 s.146(2).

Beneficial entitlement after Stack

Reviews the approach adopted in Stack v Dowden to determination of beneficial interests in a property purchased in the joint names of cohabitees. Considers two cases which extended the Stack v Dowden approach to encompass the beneficial entitlement of family members, namely: (1) Adekunle v Ritchie on beneficial entitlement in a property jointly purchased by a mother and son, where the transfer document contained no express declaration of trust; and (2) Abbott v Abbott on the impact of a wife's indirect financial contributions in determining her beneficial entitlement in the matrimonial home.

Chattels: I have bought it all for you

Outlines the ways by which personal property can be acquired through the gift of chattels, referring to case law including the Court of Appeal rulings in Re Cole (A Bankrupt) and Re Kirkland, and through the declaration of trust, with reference to the Chancery Division ruling in Rowe v Prance. Compares this to the use of constructive trusts or proprietary estoppel to secure assets and considers the need to prove detrimental reliance.

Leadership and management standards in the UK Lifelong Learning sector

Leadership and Management Standards in the UK Lifelong Learning Sector. Presentation on research findings on leadership and management in the LLS sector, in the context of UK government policy changes introducing the 2007 Principals' Qualifying Programme (PQP) delivered by the Centre for Excellence in Leadership (CEL)/Learning and Skills Improvement Service (LSIS). Discusses the role of standards in leadership and management professional practice and development and sums up the history of development of standards in relation to the National Occupational Standards (NOS) for Leadership and Management, based on the UK Management Standards Centre (MSC) Institute for Leadership and Management Standards. Discusses the Lifelong Learning UK (LLUK) Benchmark Role Specification for Principals in FE, Sixth Form and Specialist Colleges and the fact that the LSIS PQP has adopted those as part of its programme for Principal development. In the context of the implementation of standards for leadership and management, discusses the importance of values-based and research-informed leadership and the development of trust in lifelong learning sector institutions, given the multiple challenges facing vocational education and training (VET) institutions and the relative lack of recognition and support for the difficult roles taken on by Principals and senior leaders.