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).

Re-placing Ireland in Irish Anthropology

7,000 word essay

"the easter rising of 1916: A step towards the independence of ireland analysed through the works of irish writers."

The 1916 Easter Rising, an unsuccessful insurrection which resulted in the Irish War of Independence, generated a deep change in the political landscape in Ireland. The purpose of this work is to describe this crucial period in the history of Ireland through the voices of Irish writers who expressed their ideas and feelings about the way Ireland was close to gaining its independence. Thanks to songs, poems and literature, I analysed the events of that period through the eyes of the Irish people. Authors like Roddy Doyle and William Butler Yeats were fundamental in examining this topic very thoroughly. Through their works, they were able to convey their knowledge about the events of those years and, at the same time, to give their own opinion, as Irish people, on the topic.

No(i)rthern Ireland: Crime fiction and the northern-irish scene. Proposed translation into italian of two short stories from "belfast noir"

The present thesis aims at proving the importance of cultural and literary contexts in the practice of translation: I shall show that, in the case of Northern Irish crime fiction, knowledge of both Northern Irish history and culture as well as of the genre of crime fiction are essential prerequisites for the production of a “responsible” translation. I will therefore offer a brief overview of the history of crime and detective fiction and its main subgenres; some of the most important authors and works will be presented as well, in an analysis that goes from the early years of the genre to the second half of the 20th century. I will then move the focus to Northern Ireland, its culture and its history, and particular attention will be paid to fiction writing in Ireland and Northern Ireland, with a focus on the peculiar phenomenon of “Troubles Trash”. I will tackle the topic of Northern Irish literature and present the contemporary scene of Northern Irish crime fiction; the volume from which the texts for the translation have been taken will be presented, namely Belfast Noir. Subsequently the focus will move on the theoretical framework within which the translations were produced: I will present a literary review of the most significative developments in Translation Studies, with particular attention to the “cultural turn” that has characterised this subject since the 1960s. I will then highlight the phenomenon of “realia” in translation and analyse the approaches of different scholars to the translation of culture-bound references. The final part represents the culmination and practical application of all that was presented in the previous sections: I will discuss the translation of culture-bound references according to the strategies presented in Chapter 4, referring to the proposed translations of two stories. Such analysis aims to show that not only expert linguistic knowledge, but also cultural awareness and a wide literary background are needed in order to make conscious choices in translation.