Track displacement and energy loss in a railway embankment

The mainline railway track between Dublin and Belfast was constructed during the 1850s, with substantial lengths of railway embankment constructed over soft, peaty soils. In recent years Northern Ireland Railways (NIR) has noticed that the sections of the railway track constructed on these peaty soils have been deteriorating at an increasing rate. Train speeds have been reduced in response to concerns that cyclic track displacements appear to be increasing over time in response to train loading. Track maintenance has also increased significantly. The research described in this paper was undertaken to quantify the response to cyclic train loading of two portions of this track founded on peaty soils. Track displacements were recorded using a sensor system specifically created for this project. The sensor consisted of a photosensitive array, mounted on the sleepers, and a laser, which was targeted onto the photosensitive array from a location outside the area of influence of train loading. Track deflections from 5 to 20 mm were measured under train speeds from near zero to over 120 km/h. The temporal variation in track displacement was used to calibrate an analytical (Winkler) model. This analysis suggests that the deformation of the embankment under train loading was not due to dynamic excitation but rather to static deformation of the poor-quality fill and soft foundation materials. As a consequence, the analytical model highlighted that train speed has limited effect on the magnitude of the deflection of the embankment within NIR operating speeds, but has the potential to significantly reduce the power lost to the damping within the embankment and subgrade.

Measuring workforce segregation: religious composition of private-sector employees at individual sites in Northern Ireland

In this paper I examine the scope of publicly available information on the religious composition of employees in private-sector companies in Northern Ireland. I highlight the unavailability of certain types of monitoring data and the impact of data aggregation at company as opposed to site level. Both oversights lead to underestimates of the extent of workplace segregation in Northern Ireland. The ability to provide more-coherent data on workplace segregation, by religion, in Northern Ireland is crucial in terms of advancing equality and other social-justice agendas. I argue that a more-accurate monitoring of religious composition of workplaces is part of an overall need to develop a spatial approach in which the importance of ethnically territorialised spaces in the reproduction of ethnosectarian disputation is understood.

Transformative Aesthetics: Between Remembrance and Reconciliation in Contemporary Northern Irish Theatre

This article explores the ways in which two recent plays by the Tinderbox Theatre Company in Belfast – Jimmy McAleavey's The Sign of the Whale and David Ireland's Everything Between Us – engage with current political debates in Northern Ireland about how to deal with the ‘legacy of the past’. Both plays dramatise the uneasy tension between the demands for remembrance and reconciliation. I suggest that they give rise to a ‘transformative aesthetics’ that proposes an un-remembering of the past to make way for a transformative re-remembering for the future. This process, however, does not imply an easy resolution or transcendence of the antagonisms, debates, and traumatic memories. Instead, it suggests an intense and complicated engagement that sits in vexed opposition to the restorative conception of reconciliation and both a politics and a political context of ameliorative forgetting that dominates the Northern Irish Peace Process.

Recent Developments in the Law of Torts in Northern Ireland Annual Conference of the Irish Association of Law Teachers

This paper reviews decisions from the Northern Ireland and England and Wales High Courts and Courts of Appeal as well as the UK Supreme Court relating to tort and principally to the tort of negligence in the past 12 months or so.

In structure, the paper will be presented in four parts. First, three preliminary points relating to contemporary features of the NI civil courts: personal litigants – Devine v McAteer [2012] NICA 30 (7 September 2012); pre-action protocols – Monaghan v Graham [2013] NIQB 53 (3 May 2013); and the rise of alternative dispute resolution. On the last named issue, the recent decision of PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 (23 October 2013) on unreasonable refusal to mediate, will be discussed.

Second, the paper moves to consider the law of negligence generally and case law from the NI High Court reiterating Lord Hoffmann’s view in Tomlinson v Congleton Borough Council [2004] 1 AC 46 that no duty of care arises from obvious risks of injury. In this, reference will be made to the application of the above “Hoffmann principle” in West Sussex County Council v Pierce [2013] EWCA Civ 1230 (16 October 2013), which concerned an accident sustained by a child at school. A similar set of facts was presented recently to the UK Supreme Court in Woodland v Essex County Council [2013] UKSC 66 (23 October 2013). The decision there, on non-delegable duties of care, will have a significant impact for schools in the provision of extracurricular activities.

Third, I will review a NI case of note on the duty of care of solicitors in the context of professional negligence in the context of conflicting advice by counsel.

Fourth, I will examine a series of cases on employer liability and including issues such as the duty of care towards the volunteer worker; tort and safety at work principles generally; and, more specifically, the duty of care of the employer towards an employee who suffers psychiatric illness as a result of stress and/or harassment at work. On the issue of workplace stress, the NI courts have made extensive reference to the Hale LJ principles found in the Court of Appeal decision of Hatton v Sutherland [2002] 1 All ER 1 and applied to those who have suffered trauma in reporting on or policing “the troubles” in Northern Ireland. On the issue of statutory harassment at work, the paper will also mention the UK Supreme Court’s decision in Hayes v Willoughby [2013] UKSC 17 (20 March 2013).

Queering Memories of the Troubles: Performing LGBTQ testimonies in Northern Ireland

In Northern Ireland, decades of religious and political unrest led to the marginalization not only of rights but also the experiences and voices of those who identify as Lesbian, Gay, Bisexual, Trans and/or Queer (LGBTQ). The peace process has arguably created space in which sexual minorities can voice their experiences and articulate counter-memories to those that tend to dominate ethno-nationalist commemorations of the conflict. This essay explores two productions of Northern Ireland’s first publicly funded gay theatre company, TheatreofplucK, led by artistic director Niall Rea: D.R.A.G (Divided, Radical and Gorgeous) was first performed in 2011 and explores the personal experiences of a Belfast drag queen in the form of personal testimonial monologue. The forthcoming (November 2015) performed archive installation, Tr<uble, by Shannon Yee, assembles true-life testimonies of the LGBTQ community in Northern Ireland during and after the Troubles. I will explore how performed and performative memories have the potential to ‘queer’ remembrance of the Troubles.