Testamentary trusts and the rule against capricious purposes:an underlying rationale?

This paper examines the rule against capricious purpose trusts and examines its application in English law but more particularly drawing upon the experiences of other common law jurisdictions and seeks to create a rationale for the operation o the doctrine in the common law world.

Engaging tutors in using e-repositories for learning and teaching

Universities which set up online repositories for the management of learning and teaching resources commonly find that uptake is poor. Tutors are often reluctant to upload their materials to e-repositories, even though the same tutors are happy to upload resources to the virtual learning environment (e.g. Blackboard, Moodle, Sakai) and happy to upload their research papers to the university’s research publications repository. The paper reviews this phenomenon and suggests constructive ways in which tutors can be encouraged to engage with an e-repository. The authors have recently completed a major project “Developing Repositories at Worcester” which is part of a group of similar projects in the UK. The paper includes the feedback and the lessons learned from these projects, based on the publications and reports they have produced. They cover ways of embedding repository use into institutional working practice, and give examples of different types of repository designed to meet the needs of those using different kinds of learning and teaching resources. As well as this specific experience, the authors summarise some of the main findings from UK publications, in particular the December 2008 report of Joint Information Systems Committee: Good intentions: improving the evidence base in support of sharing learning materials and Online Innovation in Higher Education, Ron Cooke’s report to a UK government initiative on the future of Higher Education. The issues covered include the development of Web 2.0 style repositories rather than conventionally structured ones, the use of tags rather than metadata, the open resources initiative, the best use for conventional repositories, links to virtual learning environments, and the processes for the management and support of repositories within universities. In summary the paper presents an optimistic, constructive view of how to embed the use of e-repositories into the working practices of university tutors. Equally, the authors are aware of the considerable difficulties in making progress and are realistic about what can be achieved. The paper uses evidence and experience drawn from those working in this field to suggest a strategic vision in which the management of e-learning resources is productive, efficient and meets the needs of both tutors and their students.

Strategy-as-practice:a review and future directions for the field

This review maps and critically evaluates the rapidly growing body of research in the strategy-as-practice field. Following an introduction on the emergence and foundations of strategy-as-practice, the review is structured in three main parts, based on the terminology, issues and research agendas outlined in the field. First, the paper examines the concepts of practitioners and praxis. A typology of nine possible domains for strategy-as-practice research is developed, based on the way that different studies conceptualize the strategy practitioner and the level of strategy praxis that they aim to explain. Second, the paper reviews the concept of practices, which has been adopted widely but inconsistently within the strategy-as-practice literature. While there is no dominant view on practices, the review maps the various concepts of practices that inform the strategy-as-practice field and outlines avenues for future research. The final section attends to the call for strategy-as-practice research to develop and substantiate outcomes that may better explain or inform strategy praxis. Five categories of outcomes are found within existing empirical studies, and an agenda for building upon this evidence is advanced. The paper concludes with a summation of the current state of the field and some recommendations on how to take strategy-aspractice research forward.

The handbook of engineering self-aware and self-expressive systems

When faced with the task of designing and implementing a new self-aware and self-expressive computing system, researchers and practitioners need a set of guidelines on how to use the concepts and foundations developed in the Engineering Proprioception in Computing Systems (EPiCS) project. This report provides such guidelines on how to design self-aware and self-expressive computing systems in a principled way. We have documented different categories of self-awareness and self-expression level using architectural patterns. We have also documented common architectural primitives, their possible candidate techniques and attributes for architecting self-aware and self-expressive systems. Drawing on the knowledge obtained from the previous investigations, we proposed a pattern driven methodology for engineering self-aware and self-expressive systems to assist in utilising the patterns and primitives during design. The methodology contains detailed guidance to make decisions with respect to the possible design alternatives, providing a systematic way to build self-aware and self-expressive systems. Then, we qualitatively and quantitatively evaluated the methodology using two case studies. The results reveal that our pattern driven methodology covers the main aspects of engineering self-aware and self-expressive systems, and that the resulted systems perform significantly better than the non-self-aware systems.

Early design verification of complex assembly variability using a hybrid - model based and physical testing - methodology

Design verification in the digital domain, using model-based principles, is a key research objective to address the industrial requirement for reduced physical testing and prototyping. For complex assemblies, the verification of design and the associated production methods is currently fragmented, prolonged and sub-optimal, as it uses digital and physical verification stages that are deployed in a sequential manner using multiple systems. This paper describes a novel, hybrid design verification methodology that integrates model-based variability analysis with measurement data of assemblies, in order to reduce simulation uncertainty and allow early design verification from the perspective of satisfying key assembly criteria.

Rescission and substitute property:Bainbridge v Bainbridge [2016] EWHC 898 (Ch)

One of the unresolved issues concerning equity’s jurisdiction to set aside dispositions for mistake is the nature of the proprietary consequences that ensue. The decision in Bainbridge v Bainbridge sheds further light on this important issue, but also illustrates that some important aspects concerning the application of rescission needs further clarification. The key issue concerned the rescission of a trust, where parts of the land had been sold by the trustees who had used the proceeds of sale to buy two new plots of land. Part of the reasoning used by Master Matthews relied upon authorities, developed in the context of fraudulently induced transfers of money, which requires careful consideration of the relationship between the principle in Pitt v Holt and unjust enrichment.

Family relocation: worse or just different?

Organisational relocation directly affects the family. It is thus often assumed that relocation is more difficult for individuals with families; however, few studies actually examine this premise. This paper investigates whether family status plays a role in relocation by comparing single individuals to married individuals. The paper uses qualitative and quantitative indicators to uncover subtle nuances between the groups and, on the basis of these, develops proposition for future research to test. Quantitative indicators highlight several important differences: Individuals with families report a greater number of moving tasks and difficulties; family relocation is viewed as more complex because of the impact of non-relocation related factors; and employees with families experience more negative and positive consequences of relocation. Qualitative techniques help to uncover subtle differences between groups and suggest that although relocation for families is different from individual relocation, it is not necessarily worse. RP0721.

Are HRM practices related with patient mortality in NHS hospitals?:A study examining the underlying reasons for such an association

This thesis will report details of two studies conducted within the National Health Service in the UK that examined the association between HRM practices related to training and appraisal with health outcomes within NHS Trusts. Study one represents the organisational analysis of 61 NHS Trusts, and will report training and appraisal practices were significantly associated with lower patient mortality. Specifically, the research will show significantly lower patient mortality within NHS Trusts that: a) had achieved Investors in People accreditation; b) had a formal strategy document relating to training; c) had tailored training policy documents across occupational groups; d) had integrated training and appraisal practices; e) had a high percentage of staff receiving either an appraisal or updated personal development plan. There was also evidence of an additive effect where NHS Trusts that displayed more of these characteristics had significantly lower patient mortality. Study one in this thesis will also report significantly lower patient mortality within the NHS Trusts where there was broad level representation for the HR function. Study two will report details of a study conducted to examine the potential reasons why HR practices may be related to hospital performance. Details are given of the results of a staff attitudinal survey within five NHS Trusts. This study examined will show that a range of developmental activity, the favourability of the immediate work environment (in relation to social support and role stressors) and motivational outcomes are important antecedents to citizenship behaviours. Furthermore, the thesis will report that principles of the demand-control model were adopted to examine the relationship between workplace support and role stressors, and workplace support, influence, and an understanding of role expectation help mitigate against the negative effects of work demands upon motivational outcomes.

An examination of adverse drug reaction reporting to the yellow card scheme

Chief pharmacists in 209 hospitals were surveyed about ADR reporting schemes, the priority given to ADR reporting, and attitudes towards ADR reporting. ADR reporting had a low managerial priority. Local reporting schemes were found to be operating in 37% trusts, but there were few plans to start new schemes. Few problems were discovered by the introduction of pharmacist ADR reporting. Chief pharmacists had concerns about the competence of hospital pharmacists to detect ADRs and were in favour of increased training. Lack of time on wards, and recruitment difficulties were suggested as reasons for hospital pharmacist under-reporting. Teaching hospitals appeared to have an increased interest in ADR reporting. A retrospective analysis of reporting trends within the West Midlands region from 1994, showed increasing or stable reporting rates for most sectors of reporters, except for general practitioners (GPs). The West Midlands region maintained higher ADR reporting rates than the rest of the UK. National reporting figures showed a worrying decline in ADR reports from healthcare professionals. Variation was found in the ADR reporting rates of Acute NHS Hospital Trusts and Primary Care Trusts (PCTs) in the West Midlands region, including correlations with prescribing rates and other PCT characteristics. Qualitative research into attitudes of GPs towards the Yellow Card scheme was undertaken. A series of qualitative interviews with GPs discovered barriers and positive motivators for their involvement in the Yellow Card scheme. A grounded theory of GP involvement in the Yellow Card scheme was developed to explain GP behaviour, and which could be used to inform potential solutions to halt declining rates of reporting. Under-reporting of ADRs continues to be a major concern to those who administer spontaneous reporting schemes.

Variable impedance bearings for large rotating machinery

This thesis describes an investigation which was carried out under the Interdisciplinary Higher Degres (IHD) Scheme of The University of Aston in Birmingham. The investigation, which involved joint collaboration between the IHD scheme, the Department of Mechanical Engineering, and G.E.C. Turbine Generators Limited, was concerned with hydrostatic bearing characteristics and of how hydrostatic bearings could be used to enable turbine generator rotor support impedances to be controlled to give an improved rotor dynamic response. Turbine generator rotor critical speeds are determined not only by the mass and flexibility of the rotor itself, which are relatively easily predicted, but also by the dynamic characteristics of the bearing oil film, pedestal, and foundations. It is because of the difficulty in accurately predicting the rotor support characteristics that the designer has a problem in ensuring that a rotor's normal running speed is not close to one of its critical speeds. The consequence of this situation is that some rotors do have critical speeds close to their normal running speed and the resulting high levels of vibration cause noise, high rotor stresses, and a shortening of bearing life. A combined theoretical and experimental investigation of the effects of mounting the normal rotor journal bearing in a hydrostatic bearing was carried out. The purpose of the work was to show that by changing the oil flow resistance offered by capillaries connecting accumulators to the hydrostatic bearing, the overall rotor support characteristics could be tuned to enable rotor critical speeds to be moved at will. Testing of a combined journal and hydrostatic bearing has confirmed the theory of its operation and a theoretical study of a full size machine showed that its critical speed could be moved by over 350 rpm and that its rotor vibration at running speed could be reduced by 80%.

Medicines management strategies to improve antibiotic prescribing

A systematic review was conducted to explicitly identify interventions that alone, or in combination, were effective in improving antibiotic prescribing. The citation search strategy used in the present review provided a database of 365077 studies, of which only twenty-five were included in the final review (“review studies”). Analysis of the interventions used within the review studies indicated that a combination of “guidelines” and “pharmacy” interventions have the greatest potential to improve antibiotic prescribing. Two types of qualitative research were conducted, semi-structured interviews and the collection of naturally occurring data. Semi-structured interviews were conducted in order to determine NHS managers? perceptions of current policies used to improve antibiotic prescribing within selected Primary Care Trusts and highlighted the importance of pharmacy intervention, formularies or guidelines and improved prescribing analysis (IT based intervention) on improving antibiotic prescribing. This was supported by the collection of naturally occurring data, which was used to provide further insight into interventions used to improve antibiotic prescribing. The Specialist Antibiotic Pharmacist (HD) produced and implemented an innovative electronic antibiotic prescribing analysis tool (the Antibiotic Database) to analyse and improve antibiotic prescribing in a consistent manner. The key advantage of the Antibiotic Database was the time and money saved on producing visual electronic outputs containing an inaccurate outcome measure or time period for analysis. The results concluded that an IT based intervention, such as the Antibiotic Database should be used, in addition to the use of antibiotic guidelines and pharmacy intervention, within all sectors of the NHS in order to improve antibiotic prescribing and its analysis.

EPiCS:engineering proprioception in computing systems

Modern compute systems continue to evolve towards increasingly complex, heterogeneous and distributed architectures. At the same time, functionality and performance are no longer the only aspects when developing applications for such systems, and additional concerns such as flexibility, power efficiency, resource usage, reliability and cost are becoming increasingly important. This does not only raise the question of how to efficiently develop applications for such systems, but also how to cope with dynamic changes in the application behaviour or the system environment. The EPiCS Project aims to address these aspects through exploring self-awareness and self-expression. Self-awareness allows systems and applications to gather and maintain information about their current state and environment, and reason about their behaviour. Self-expression enables systems to adapt their behaviour autonomously to changing conditions. Innovations in EPiCS are based on systematic integration of research in concepts and foundations, customisable hardware/software platforms and operating systems, and self-aware networking and middleware infrastructure. The developed technologies are validated in three application domains: computational finance, distributed smart cameras and interactive mobile media systems. © 2012 IEEE.

Health care professionals' views of paediatric outpatient non-attendance:implications for general practice

Background. Non-attendance at paediatric hospital outpatient appointments poses potential risks to children's health and welfare. Prevention and management of missed appointments depends on the perceptions of clinicians and decision makers from both primary and secondary care, including general practitioners (GPs) who are integral to non-attendance follow-up. Objectives. To examine the views of clinical, managerial and executive health care staff regarding occurrence and management of non-attendance at general paediatric outpatient clinics. Methods. A qualitative study using individual semi-structured interviews was carried out at three English Primary Care Trusts and a nearby children's hospital. Interviews were conducted with 37 staff, including GPs, hospital doctors, other health care professionals, managers, executives and commissioners. Participants were recruited through purposive and 'snowball' sampling methods. Data were analysed following a thematic framework approach. Results. GPs focused on situational difficulties for families, while hospital-based staff emphasized the influence of parents' beliefs on attendance. Managers, executives and commissioners presented a broad overview of both factors, but with less detailed views. All groups discussed sociodemographic factors, with non-attendance thought to be more likely in 'chaotic families'. Hospital interviewees emphasized child protection issues and the need for thorough follow-up of missed appointments. However, GPs were reluctant to interfere with parental responsibilities. Conclusion. Parental motivation and practical and social barriers should be considered. Responsibilities regarding missed appointments are not clear across health care sectors, but GPs are uniquely placed to address non-attendance issues and are central to child safeguarding. Primary care policies and strategies could be introduced to reduce non-attendance and ensure children receive the care they require. © The Author 2013.

Visualizing uncertainty in multi-spectral remotely sensed imagery

Error and uncertainty in remotely sensed data come from several sources, and can be increased or mitigated by the processing to which that data is subjected (e.g. resampling, atmospheric correction). Historically the effects of such uncertainty have only been considered overall and evaluated in a confusion matrix which becomes high-level meta-data, and so is commonly ignored. However, some of the sources of uncertainty can be explicity identified and modelled, and their effects (which often vary across space and time) visualized. Others can be considered overall, but their spatial effects can still be visualized. This process of visualization is of particular value for users who need to assess the importance of data uncertainty for their own practical applications. This paper describes a Java-based toolkit, which uses interactive and linked views to enable visualization of data uncertainty by a variety of means. This allows users to consider error and uncertainty as integral elements of image data, to be viewed and explored, rather than as labels or indices attached to the data. © 2002 Elsevier Science Ltd. All rights reserved.