More than a nuisance: personal injury under Rylands

Discusses, by reference to case law, whether damages for personal injury are recoverable under Rylands v Fletcher liability. Considers the issue by reference to a hypothetical scenario in which a claimant suffers personal injury as a result of a chemical leak from a factory for which the factory owner is not at fault. Considers claims based on diminution in amenity and for consequential loss.

Personal and proprietary tenancies

Examines the Chancery Division ruling in London Development Agency v Nidai on whether a number of agreements providing for the construction of a bridge and shop premises on the retaining walls of a river resulted in a binding legal lease or a series of bare licences. Comments on the failure of the judgment to mention the House of Lords ruling in Bruton v London & Quadrant Housing Trust and discusses whether a Bruton tenancy is capable of binding third parties.

Stakeholder engagement in sustainable housing refurbishment in the UK

The UK government is committed to effectively implement a viable sustainable agenda in the social housing sector. To this end housing associations and local authorities are being encouraged to improve the environmental performance of their new and existing homes. Whilst much attention has been focused on new housing (e.g. the Code for Sustainable Homes) little effort has been focussed on improving the 3.9 (approx) million homes maintained and managed by the public sector (in England), which, given the low rate of new build and demolition (<1% in England), will represent approximately 70% of the public housing stock in 2050. Thus, if UK is to achieve sustainable public housing the major effort will have to focus on the existing stock. However, interpreting the sustainability agenda for an existing housing portfolio is not a straight foreword activity. In addition to finding a ‘technical’ solution, landlords also haveto address the socio-economic issues that balance quality of expectations of tenants with the economic realities of funding social housing refurbishment. This paper will report the findings of a qualitative study (participatory approach) that examined the processes by which a large public landlord sought to develop a long-term sustainable housing strategy. Through a series of individual meetings and group workshops the research team identified: committed leadership; attitudes towards technology; social awareness; and collective understanding of the sustainability agenda as key issues that the organisation needed to address in developing a robust and defendable refurbishment strategy. The paper concludes that the challenges faced by the landlord in improving the sustainability of their existing stock are not primarily technical, but socio-economic. Further, while the economic challenges: initial capital cost; lack of funding; and pay-back periods can be overcome, if the political will exists, by fiscal measures; the social challenges: health & wellbeing; poverty; security; space needs; behaviour change; education; and trust; are much more complex in nature and will require a coordinated approach from all the stakeholders involved in the wider community if they are to be effectively addressed. The key challenge to public housing landlords is to develop mechanisms that can identify and interpret the complex nature of the social sustainability agenda in a way that reflects local aspirations (although the authors believe the factors will exist in all social housing communities, their relative importance is likely to vary between communities) whilst addressing Government agendas.

"Practise what we preach": a social constructivist approach to blended learning

This presentation reports on the formal evaluation, through questionnaires, of a new Level 1 undergraduate course, for 130 student teachers, that uses blended learning. The course design seeks to radicalise the department’s approach to teaching, learning and assessment and use students as change agents. Its structure and content, model social constructivist approaches to learning. Building on the student’s experiences of and, reflections on, previous learning, promotes further learning through the support of “able others” (Vygotsky 1978), facilitating and nurturing a secure community of practice for students new to higher education. The course’s design incorporates individual, paired, small and large group activities and exploits online video, audio and text materials. Course units begin and end with face-to-face tutor-led activities. Online elements, including discussions and formative submissions, are tutor-mediated. Students work together face-to-face and online to read articles, write reflections, develop presentations, research and share experiences and resources. Summative joint assignments and peer assessments emphasise the value of collaboration and teamwork for academic, personal and professional development. Initial informal findings are positive, indicating that students have engaged readily with course content and structure, with few reporting difficulties accessing or using technology. Students have welcomed the opportunity to work together to tackle readings in a new genre, pilot presentation skills and receive and give constructive feedback to peers. Course tutors have indicated that depth and quality of study are evident, with regular online formative submissions enabling tutors to identify and engage directly with student’s needs, provide feedback and develop appropriately designed distance and face-to-face teaching materials. Pastoral tutors have indicated that students have reported non-engagement of peers, leading to the rapid application of academic or personal support. Outcomes of the formal evaluation will inform the development of Level 2 and 3 courses and influence the department’s use of blended learning.