The trial: how procedure shapes substance

The rules and the principles of the common law are formed from the cases decided in courts of common law. The unique nature of the evolution of the common law has long been the subject of study. Less frequently studied has been the impact of procedure upon the development of substantive law. This paper examines how the procedures applicable to the trial of a case can affect the substance of the resulting decision. The focus of the examination is the decision in Bell v Lever Bros [1932] AC 161. While the case has long been regarded as a leading, albeit confusing, contract law case it is also greatly concerned with the conduct of litigation. This paper argues that the substantive decision was largely determined by the civil procedure available. Different rules of civil procedure, it is suggested, would have resulted in a better decision in the English law of contract.

The level of compliance with the International Code of marketing of breast-milk substitutes: does it matter to stock markets?

The present paper explores, theoretically, and empirically, whether compliance with the International Code of marketing of breast-milk substitutes impacts on financial performance measured by stock markets. The empirical analysis, which considers a 20-year period, shows that stock markets are indifferent to the level of compliance by manufacturers with the International Code. Two important issues emerge from this result. Based on our finding that financial performance as measured by stock markets cannot explain the level of compliance, the first issue refers to what alternative types of mechanisms drive manufacturers who comply the least with voluntary codes such as the International Code. Conversely, from our finding that stock markets do not reward the most compliant, the second issue raised is an inherent weakness of stock markets to fully incorporate social and environmental values.

Comparison of TAMSAT and CPC rainfall estimates with raingauges, for southern Africa

Two different TAMSAT (Tropical Applications of Meteorological Satellites) methods of rainfall estimation were developed for northern and southern Africa, based on Meteosat images. These two methods were used to make rainfall estimates for the southern rainy season from October 1995 to April 1996. Estimates produced by both TAMSAT methods and estimates produced by the CPC (Climate Prediction Center) method were then compared with kriged data from over 800 raingauges in southern Africa. This shows that operational TAMSAT estimates are better over plateau regions, with 59% of estimates within one standard error (s.e.) of the kriged rainfall. Over mountainous regions the CPC approach is generally better, although all methods underestimate and give only 40% of estimates within 1 s.e. The two TAMSAT methods show little difference across a whole season, but when looked at in detail the northern method gives unsatisfactory calibrations. The CPC method does have significant overall improvements by building in real-time raingauge data, but only where sufficient raingauges are available.

Dissolution or disillusion: the unravelling of civil partnerships

This chapter considers the following questions: • Why did more men register a civil partnership initially than women? • Why has the gender ratio equalised? • Why have women dissolved their civil partnership at a consistently higher rate than men? • What has happened to the argument that same-sex unions will be different from, or better than (with its assumption of longer-lasting), heterosexual unions?