Commercial property loan valuations in the UK : the changing landscape of practice and liability

This paper is the first of two which aim to examine the major legal liability implications of changes to the commercial property loan valuation process caused by the recession in the UK property market and to make recommendations to valuers and their professional institutions to improve the quality of the process and the result. This paper identifies the market background to commercial property lending and discusses the implications of the falls in value for lenders and valuers. These include two major strands; first, the outcome of discussions between the representative bodies of these two groups and, second, the increasing litigation caused by lenders suing valuers for professional negligence. The discussions between representative groups have driven a debate on the valuation process leading to a number of reports and guidance notes. This paper discusses the outcomes paying particular attention to the basis of valuation for loan purposes and the provision of additional information in valuation reports. This paper also reviews the legal framework which influences the relationship between the lenders and valuers and discusses the duty of care. The role of instructions in the valuation process, the significance of the identity of the person to be advised and the possibility of a conflict of interest arising are all considered. The paper also addresses the issue of the standards required of a commercial loan valuer, including how this is interpreted by the courts and the legal status of professional guidance notes. The paper concludes by identifying potential areas for dispute within the loan valuation process and raising a number of research questions concerning the operation of this process which are addressed in a following paper.

Detection and attribution of climate change: a regional perspective

The Intergovernmental Panel on Climate Change fourth assessment report, published in 2007 came to a more confident assessment of the causes of global temperature change than previous reports and concluded that ‘it is likely that there has been significant anthropogenic warming over the past 50 years averaged over each continent except Antarctica.’ Since then, warming over Antarctica has also been attributed to human influence, and further evidence has accumulated attributing a much wider range of climate changes to human activities. Such changes are broadly consistent with theoretical understanding, and climate model simulations, of how the planet is expected to respond. This paper reviews this evidence from a regional perspective to reflect a growing interest in understanding the regional effects of climate change, which can differ markedly across the globe. We set out the methodological basis for detection and attribution and discuss the spatial scales on which it is possible to make robust attribution statements. We review the evidence showing significant human-induced changes in regional temperatures, and for the effects of external forcings on changes in the hydrological cycle, the cryosphere, circulation changes, oceanic changes, and changes in extremes. We then discuss future challenges for the science of attribution. To better assess the pace of change, and to understand more about the regional changes to which societies need to adapt, we will need to refine our understanding of the effects of external forcing and internal variability

Organizing for sustainable procurement: theories, institutions and practice

That construction procurement needs to be re-organized to make it more sustainable implies that there is a problem with the current situation. Starting from this assumption, an overview of construction procurement sets the scene for a discussion of some recent developments relating to organizational frameworks for sustainable construction procurement. Emergent theories dealing with sustainable procurement are considered. There is a plethora of standards and guidance documents for organizing sustainable procurement, originating from a variety of organizations involved. These considerations form the context for approaches being used in practice to achieve sustainable procurement. The Chapter concludes with reflections on why current approaches are insufficient. It seems difficult to persuade clients to spend less money over the life cycle of their buildings. Future directions needed to translate sustainable procurement from rhetoric to reality include the development of suitable incentives and appropriate organizational structures.

The dilemma of scope and scale for construction professional service firms

Construction professional service (CPS) firms sell expertise and provide innovative solutions for projects founded on their knowledge, experience, and technical competences. Large CPS firms seeking to grow will often seek new opportunities in their domestic market and overseas by organic or inorganic growth through mergers, alliances, and acquisitions. Growth can also come from increasing market penetration through vertical, horizontal, and lateral diversification. Such growth, hopefully, leads to economies of scope and scale in the long term, but it can also lead to diseconomies, when the added cost of integration and the increased complexity of diversification no longer create tangible and intangible benefits. The aim of this research is to investigate the key influences impacting on the growth in scope and scale for large CPS firms. Qualitative data from the interviews were underpinned by secondary data from CPS firms’ annual reports and analysts’ findings. The findings showed five key influences on the scope and scale of a CPS firm: the importance of growth as a driver; the influence of the ownership of the firm on the decision for growth in scope and scale; the optimization of resources and capabilities; the need to serve changing clients’ needs; and the importance of localization. The research provides valuable insights into the growth strategies of international CPS firms. A major finding of the research is the influence of ownership on CPS firms’ growth strategies which has not been highlighted in previous research.

Progress report on longitudinal and cross-sectional study of carbon disclosure strategies: evidence from UK listed companies

Global warming has attracted attention from all over the world and led to the concern about carbon emission. Kyoto Protocol, as the first major international regulatory emission trading scheme, was introduced in 1997 and outlined the strategies for reducing carbon emission (Ratnatunga et al., 2011). As the increased interest in carbon reduction the Protocol came into force in 2005, currently there are already 191 nations ratifying the Protocol(UNFCCC, 2012). Under the cap-and-trade schemes, each company has its carbon emission target. When company’s carbon emission exceeds the target the company will either face fines or buy emission allowance from other companies. Thus unlike most of the other social and environmental issues carbon emission could trigger cost for companies in introducing low-emission equipment and systems and also emission allowance cost when they emit more than their targets. Despite the importance of carbon emission to companies, carbon emission reporting is still operating under unregulated environment and companies are only required to disclose when it is material either in value or in substances (Miller, 2005, Deegan and Rankin, 1997). Even though there is still an increase in the volume of carbon emission disclosures in company’s financial reports and stand-alone social and environmental reports to show their concern of the environment and also their social responsibility (Peters and Romi, 2009), the motivations behind corporate carbon emission disclosures and whether carbon disclosures have impact on corporate environmental reputation and financial performance have not yet to explore. The problems with carbon emission lie on both the financial side and non-financial side of corporate governance. On one hand corporate needs to spend money in reducing carbon emission or paying penalties when they emit more than allowed. On the other hand as the public are more interested in environmental issues than before carbon emission could also impact on the image of corporate regarding to its environmental performance. The importance of carbon emission issue are beginning to be recognized by companies from different industries as one of the critical issues in supply chain management (Lee, 2011) and 80% of companies analysed are facing carbon risks resulting from emissions in the companies’ supply chain as shown in a study conducted by the Investor Responsibility Research Centre Institute for Corporate Responsibility (IRRCI) and over 80% of the companies analysed found that the majority of greenhouse gas (GHG) emission are from electricity and other direct suppliers (Trucost, 2009). The review of extant literature shows the increased importance of carbon emission issues and the gap in the study of carbon reporting and disclosures and also the study which links corporate environmental reputation and corporate financial performance with carbon reporting (Lohmann, 2009a, Ratnatunga and Balachandran, 2009, Bebbington and Larrinaga-Gonzalez, 2008). This study would focus on investigating the current status of UK carbon emission disclosures, the determinant factors of corporate carbon disclosure, and the relationship between carbon emission disclosures and corporate environmental reputation and financial performance of UK listed companies from 2004-2012 and explore the explanatory power of classical disclosure theories.

Characterising loss and damage from climate change

Policy-makers are creating mechanisms to help developing countries cope with loss and damage from climate change, but the negotiations are largely neglecting scientific questions about what the impacts of climate change actually are. Mitigation efforts have failed to prevent the continued increase of anthropogenic greenhouse gas (GHG) emissions. Adaptation is now unlikely to be sufficient to prevent negative impacts from current and future climate change1. In this context, vulnerable nations argue that existing frameworks to promote mitigation and adaptation are inadequate, and have called for a third international mechanism to deal with residual climate change impacts, or “loss and damage”2. In 2013, the United Nations Framework Convention on Climate Change (UNFCCC) responded to these calls and established the Warsaw International Mechanism (WIM) to address loss and damage from the impacts of climate change in developing countries3. An interim Executive Committee of party representatives has been set up, and is currently drafting a two-year workplan comprising meetings, reports, and expert groups; and aiming to enhance knowledge and understanding of loss and damage, strengthen dialogue among stakeholders, and promote enhanced action and support. Issues identified as priorities for the WIM thus far include: how to deal with non-economic losses, such as loss of life, livelihood, and cultural heritage; and linkages between loss and damage and patterns of migration and displacement2. In all this, one fundamental issue still demands our attention: which losses and damages are relevant to the WIM? What counts as loss and damage from climate change?

Placing pits: landscape occupation and depositional practice during the Neolithic in East Anglia

This paper takes Neolithic pits as a starting point from which to investigate the broader issues of settlement and deposition in Britain at that time. It suggests that while sites made up primarily, and often only, of pits have recently been incorporated much more readily into accounts of the period, they are still not well understood. It is only by investigating the character of occupation across the landscape as a whole, and the nature of deposits in a variety of different contexts, that we will be able to understand pits, settlement, or deposition fully. On the basis of a study of this kind, it is suggested that pits were sited in specific locations which might be considered suitable for ‘settlement’; it is also demonstrated that deposition varied considerably between contexts and over time. By including large numbers of sites known only through ‘grey’ reports and Historic Environment Records, the study draws on an important body of work which has been under-used in the past. The paper focuses primarily on East Anglia, a region well-known for its pit sites but not well-known for its monuments; in doing so, it aims to counterbalance the weight of previous narratives which have tended to focus on other parts of Britain.

Culture, compassion and clinical neglect: probity in the NHS after Mid Staffordshire

Speaking of the public response to the deaths of children at the Bristol Royal Infirmary before 2001, the BMJ commented that the NHS would be 'all changed, changed utterly'. Today, two inquiries into the Mid Staffordshire Foundation Trust suggest nothing changed at all. Many patients died as a result of their care and the stories of indifference and neglect there are harrowing. Yet Bristol and Mid Staffordshire are not isolated reports. In 2011, the Health Services Ombudsman reported on the care of elderly and frail patients in the NHS and found a failure to recognise their humanity and individuality and to respond to them with sensitivity, compassion and professionalism. Likewise, the Care Quality Commission and Healthcare Commission received complaints from patients and relatives about the quality of nursing care. These included patients not being fed, patients left in soiled bedding, poor hygiene practices, and general disregard for privacy and dignity. Why is there such tolerance of poor clinical standards? We need a better understanding of the circumstances that can lead to these outcomes and how best to respond to them. We discuss the findings of these and other reports and consider whether attention should be devoted to managing individual behaviour, or focus on the systemic influences which predispose hospital staff to behave in this way. Lastly, we consider whether we should look further afield to cognitive psychology to better understand how clinicians and managers make decisions?

An arch in the UK

Arches, streamers, polar lights, merry dancers… just a few of many names used to describe the aurora borealis in historical documents in the UK. We have compiled a new catalogue of 20591 independent reports of auroral sightings from the British Isles and Ireland for 1700–1975 using observatory yearbooks, the diaries of amateur observers, newspaper reports and the scientific literature. Our aim is to provide an independent data series that can aid understanding of longterm solar variability, alongside cosmogenic isotope data and historic records of geomagnetic activity and sunspots.

Pippi Longstocking, juvenile delinquent? Hachette, self-censorship and the moral reconstruction of postwar France

This paper looks at the blockages to the publication of children’s literature caused by the intellectual climate of the postwar era, through a case study of the editorial policy of Hachette, the largest publisher for children at this time. This period witnessed heightened tensions surrounding the social and humanitarian responsibilities of literature. Writers were blamed for having created a culture of defeatism, and collaborationist authors were punished harshly in the purges. In the case of children’s literature, the discourse on responsibility was made more urgent by the assumption that children were easily influenced by their reading material, and by the centrality of the young to the discourse on the moral reconstruction of France. As the politician and education reformer Gustave Monod put it: “penser l’avenir, c’est penser le sort des enfants et de la jeunesse.” These concerns led to the expansion of associations and publications dedicated to protecting children and promoting “good” reading matter for them, and, famously, to the 1949 law regulating publications for children, which banned the depiction of crime, debauchery and violence that might demoralise young readers. Using the testimonials of former employees, along with readers’ reports and editorial correspondence preserved in the Hachette archives, this paper will examine how individual editorial decisions and self-censorship strategies were shaped by the 1949 law with its attendant discourse of moral panic on children’s reading, and how national concerns for future citizens were balanced with commercial imperatives.

Work and the adolescent in medieval England (AD 900-1550). The osteological evidence

What was it like to be a teenager in medieval England? Despite the fact that medieval society often singled young apprentices and workers out for comment, their study has been largely neglected in medieval archaeology. The skeletal remains of 4940 adolescents (6.6-25 years) from 151 sites in medieval England was compiled from a combination of primary data collection and secondary data from published and unpublished skeletal reports and on-line databases. The aim was to explore whether apprentices could be identified in the archaeological record and if so, at what age they started work and what impact occupation had on their health. The data were divided into urban and rural groups, dating from before and after the Black Death of AD 1348-9, and before the Industrial Revolution. A shift in the demographic pattern of urban and rural adolescents was identified after the Black Death, with a greater number of young females residing in the urban contexts after 14 years. The average age of males increased from 12 years to 14 years after the plague years, contrary to what we might expect from the documentary sources. There were higher rates of spinal and joint disease in the urban adolescents and their injuries were more widespread than their rural counterparts. Domestic service was the potential cause of the greater strain on the knees and backs of the urban females, with interpersonal violence evident in the young urban males. Overall, it was the urban females that carried the burden of respiratory and infectious diseases suggesting they may have been the most vulnerable group. This study has demonstrated the value of adolescent skeletal remains in revealing information about their health and working life, before and after the Black Death.

Patient participation : what it is and what it is not

In general, patient participation is regarded as being informed and partaking in decision making regarding one’s care and treatment. This interpretation is common in legislation throughout the Western world and corresponding documents guiding health care professionals, as well as in scientific studies. Even though this understanding of the word participation can be traced to a growing emphasis on individuals’ autonomy in society and to certain dictionary defi nitions, there are other ways of understanding participation from a semantic point of view, and no trace of patients’ descriptions of what it is to participate can be found in these definitions. Hence, the aim of this dissertation was to understand patients’ experience of the phenomenon of patient participation. An additional aim was to understand patients’ experience of non-participation and to describe the conditions for patient participation and non-participation, in order to understand the prerequisites for patient participation. The dissertation comprises four papers. The philosophical ideas of Ricoeur provided a basis for the studies: how communication can present ways to understand and explain experiences of phenomena through phenomenological hermeneutics. The first and second studies involved a group of patients living with chronic heart failure. For the fi rst study, 10 patients were interviewed, with a narrative approach, about their experience of participation and non-participation, as defi ned by the participants. For the second study, 11 visits by three patients at a nurse-led outpatient clinic were observed, and consecutive interviews were performed with the patients and the nurses, investigating what they experience as patient participation and non-participation. A triangulation of data was performed to analyse the occurrence of the phenomena in the observed visits. For paper 3 and 4, a questionnaire was developed and distributed among a diverse group of people who had recent experience of being patients. The questionnaire comprised respondent’s description of what patient participation is, using items based on findings in Study 1, along with open-ended questions for additional aspects and general issues regarding situations in which the respondent had experienced patient participation and/or non-participation. The findings show additional aspects to patient participation: patient participation is being provided with information and knowledge in order for one to comprehend one’s body, disease, and treatment and to be able to take self-care actions based on the context and one’s values. Participation was also found to include providing the information and knowledge one has about the experience of illness and symptoms and of one’s situation. Participation occurs when being listened to and being recognised as an individual and a partner in the health care team. Non-participation, on the other hand, occurs when one is regarded as a symptom, a problem to be solved. To avoid non-participation, the information provided needs to be based on the individual’s need and with recognition of the patient’s knowledge and context. In conclusion, patient participation needs to be reconsidered in health care regulations and in clinical settings: patients’ defi nitions of participation, found to be close to the dictionaries’ description of sharing, should be recognised and opportunities provided for sharing knowledge and experience in two-way-communication.

Os desafios para a implantação de cursos de línguas para a comunidade: o caso do CLC da Universidade Federal do Espírito Santo

A presente dissertação é produto de uma investigação sobre o projeto implantado na Universidade Federal do Espírito (UFES) nos anos 90, para oferecimento de Cursos de Línguas para a Comunidade (CLC). O principal objetivo desse trabalho foi analisar as etapas de desenvolvimento do projeto e os desafios encontrados durante a sua implantação. O projeto desenvolvido é pioneiro na comunidade acadêmica capixaba e são escassos os relatos sobre experiências semelhantes à dos Cursos de Línguas para a Comunidade. Por isso mesmo, o presente trabalho servirá também de registro documental sobre o próprio CLC e de proposta de um modelo a ser implantado por outras instituições. A análise das etapas de desenvolvimento do CLC e dos desafios encontrados foi feita a partir do estudo de documentos da UFES e do próprio CLC, e de registros da imprensa local sobre os conflitos gerados e de que forma os obstáculos para implantação estão sendo gerenciados. Foram feitas também diversas pesquisas através de questionários para identificação do perfil dos alunos dos cursos de idiomas oferecidos.

Uma análise da construção do Museu de Arte do Espírito Santo e de seus reflexos

Esta pesquisa apresenta alguns dados do processo de construção do Museu de Arte do Espírito Santo- MAES até a sua inauguração e uma análise atual, refletindo sobre o papel do poder público através do estudo de matérias de jornais e entrevistas com alguns atores participantes do processo de discussão e instalação do MAES, e o posicionamento adotado pelo governo ao longo deste período, bem como o da classe artística e da sociedade em geral. Pretendeu-se reconhecer os atores participantes de todo esse processo recorrendo a documentos que explicitassem as relações que existiram nesse período entre os poderes públicos, os interesses da classe artística e da coletividade que fez e faz uso da Instituição. Ao final, mostra-se como esses discursos influenciam o museu até os dias de hoje. Para tal, inscrevemos nossa discussão sobre o MAES no âmbito de uma reflexão mais geral sobre os museus na atualidade.

Organizações culturais e (re)configuração do espaço: o caso do Istituto Europeo di Design, na cidade do Rio de Janeiro

O presente estudo tem como objetivo investigar de que maneira a possibilidade de instalação do Istituto Europeo di Design (IED) no bairro da Urca, na cidade do Rio de Janeiro, interfere na (re)configuração do espaço. Para o estudo desse processo adotou-se o conceito de espaço definido por Milton Santos, que o caracteriza como um conjunto indissociável de sistemas de objetos e ações, considerando necessária sua análise numa perspectiva histórica. Para ampliação das considerações sobre poder, identificação e caracterização dos atores sociais e das relações entre eles estabelecidas foram utilizados conceitos propostos por Carlos Matus para a análise da realidade social. A pesquisa de campo, de natureza qualitativa, coletou dados secundários a partir de notícias sobre o processo de revitalização do antigo Cassino da Urca e instalação do Istituto Europeo di Design no local, publicadas em jornais e revistas impressos, jornais on line e blogs, assim como dados primários, a partir de observação não estruturada das instalações ao redor do prédio do antigo Cassino da Urca, participação em reuniões da associação de bairro e entrevistas semi-estruturadas com representantes de organizações envolvidas no processo. Para o tratamento dos dados coletados, realizou-se análise argumentativa e interpretativa a partir da teoria utilizada. Com base nas notícias e documentos consultados, foi definido o período de análise, desde a cessão do prédio do antigo Cassino da Urca ao IED, em agosto de 2006, até o anúncio de parceria com outra organização, pelo instituto, em maio de 2012. O estudo permitiu identificar que a instalação do IED na Urca interferiu na configuração do espaço, principalmente no que se refere à formação e à atuação da associação de moradores do bairro, à instalação de novos empreendimentos comerciais no entorno do prédio já restaurado e, por consequência, na paisagem do bairro. Destaca-se também que a instalação do IED gerou mudanças que extrapolam os limites territoriais do bairro. Com base nos dados analisados, destaca-se que a relação de cooperação entre a Prefeitura Municipal do Rio de Janeiro e o IED foi estabelecida em torno da valorização por parte da Prefeitura do domínio de uma capacidade técnica pelo IED, nas áreas de atuação da organização, que são o ensino, pesquisa e consultoria nas áreas de arquitetura, design, moda e comunicação, o que reforça o argumento da valorização atual de organizações culturais no processo de (re)configuração do espaço urbano, quanto aos aspectos econômicos, simbólicos e sociais.