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.

Patch me if you can

Considers the circumstances in which repair works may be more appropriate than replacement where a landlord is attempting to claim under a repair covenant. Examines case law on which method is more appropriate and on the standard of remedial work to be undertaken. Reflects on the situation where performance of remedial works would be futile. Comments on the Technology and Construction Court ruling in Carmel Southend Ltd v Strachan & Henshaw Ltd on whether a landlord had been correct to carry out overcladding works to a roof where surveyors had agreed that patch repairs would be adequate.

Public sector pay in the UK: has the historic pattern of public/private sector pay movements been broken?

The historic pattern of public sector pay movements in the UK has been counter-cyclical with private sector pay growth. Periods of relative decline in public sector pay against private sector movements have been followed by periods of ‘catch-up’ as Government controls are eased to remedy skill shortages or deal with industrial unrest among public servants. Public sector ‘catch up’ increases have therefore come at awkward times for Government, often coinciding with economic downturn in the private sector (Trinder 1994, White 1996, Bach 2002). Several such epochs of public sector pay policy can be identified since the 1970s. The question is whether the current limits on public sector pay being imposed by the UK Government fit this historic pattern or whether the pattern has been broken and, if so, how and why? This paper takes a historical approach in considering the context to public sector pay determination in the UK. In particular the paper seeks to review the period since Labour came into office (White and Hatchett 2003) and the various pay ‘modernisation’ exercises that have been in process over the last decade (White 2004). The paper draws on national statistics on public sector employment and pay levels to chart changes in public sector pay policy and draws on secondary literature to consider both Government policy intentions and the impact of these policies for public servants.

Reflection is alive and well, but not what you think

More and more, Business and Management students (and those in other disciplines) are being asked to undertake written reflection upon their learning as part of assessed course-work. This paper examines this trend and explores the thinking behind it: why lecturers see reflection as valuable to students, whether they undertake reflection themselves, what theoretical underpinning they perceive as justifying and explaining their views. The results of a survey undertaken among Business and Management lecturers are reported, which appear to show that the most influential writer on the subject of reflection in learning – the one most frequently cited by the respondents – is David A. Kolb, author of the well-known Experiential Learning Theory (1984), and one of the moving forces behind experiential learning in general. His ideas have attracted a good deal of criticism, but are still current, having been suitably updated and defended, (2005). The paper critically re-examines Kolb’s Experiential Learning Theory, challenging its relevance to most of Higher Education, as characterised by Peter Jarvis in his useful table of learning situations as “formal and intended” (2004; 108). Other criticisms of Kolb’s Experiential Learning Theory are advanced that are entirely new. Returning to the survey, the papers discusses the reasons lecturers believe reflection is valuable to students and concludes that Kolb’s model, and others such as Schön’s (1987), fail to adequately explain or even identify them.