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).

An audit of antimicrobial treatment of lower respiratory and urinary tract infections in a hospital setting

Objectives: To audit the quality of treatment of lower respiratory tract infections (LRTIs) and urinary tract infections (UTIs) and to identify targets for antibiotic stewardship. Methods: The audit involved collecting data on admitted patients, who were diagnosed with LRTIs or UTIs and subsequently received antibiotic treatment (January 2009-April 2009). Key findings: The percentage adherence rate for hospital antibiotic policy was 68.6% (24/35). Documentation of the CURB-65 score was found in 80% (16/20) of the patients' clinical notes, for which 46.2% (6/13) of patients were treated according to their CURB- 65 score. The percentages of delayed and missed doses for all antibiotics were 21.7% (254/1171) and 8.6% (101/1171), respectively. The percentage of patients switched from intravenous to oral antibiotics in accordance with the policy was 58.5% (31/53). The mean length of stay for patients switched in line with the guidelines was 6.9 days (range: 2-18 days) compared with 13.2 days (range: 4-28 days) for patients treated with intravenous antibiotics >24 h after the intravenous to oral switch criteria were fulfilled; this equates to on average an extra 6.3 days of hospitalisation (p=0.01). Conclusions: The study identified a number of targets for quality improvement including adherence to antibiotic policy, documentation of the CURB-65 score in patients' notes and treating patients accordingly, addressing the issue of missed and delayed doses, and maintaining adherence to the hospital intravenous-to-oral antibiotic switch policy. The findings suggest that the quality of antibiotic prescribing could be improved by measuring and addressing such performance indicators.

Oil and Dependency::The Case of Kazakhstan

Following the collapse of the Soviet Union in 1991, the newly independent oil-rich country of Kazakhstan has become a major recipient of foreign direct investment (FDI). Although international organisations such as the IMF and UNCTAD have claimed that FDI could be considered an engine in the transition from state socialism and as a powerful force for integration of this region into the global economy; this investment also poses significant risks to Kazakhstan. These risks fall into two broad categories: The first category can be broadly described as issues associated with the “resource curse” or the “Dutch Disease”. The term Dutch Disease describes a situation where booming demand in oil exporting countries, due to high oil revenues, leads to shift of an economy’s productive resources from the tradeable sector to the non-tradeable sector. The second category is associated with the over-dependency of oil exporting countries on a relatively small number of large multinational corporations (MNCs). This over-dependency can lead to a situation where licenses and concessions are granted at less favourable conditions than if they were auctioned in an efficient market. Examining the licensing policy of the Kazakhstani Energy and Mineral Resource Ministry, this paper notes that the latter issue of over-dependency has become less of a risk due to deliberate efforts to diversify investment relationships. Notwithstanding this situation there is some evidence that it remains difficult for oil exporting nations such as Kazakhstan to ensure that oil revenues are channelled into sustainable economic development.

Binaural Reproduction of Finite Difference Simulations Using Spherical Array Processing

Due to its efficiency and simplicity, the finite-difference time-domain method is becoming a popular choice for solving wideband, transient problems in various fields of acoustics. So far, the issue of extracting a binaural response from finite difference simulations has only been discussed in the context of embedding a listener geometry in the grid. In this paper, we propose and study a method for binaural response rendering based on a spatial decomposition of the sound field. The finite difference grid is locally sampled using a volumetric array of receivers, from which a plane wave density function is computed and integrated with free-field head related transfer functions, in the spherical harmonics domain. The volumetric array is studied in terms of numerical robustness and spatial aliasing. Analytic formulas that predict the performance of the array are developed, facilitating spatial resolution analysis and numerical binaural response analysis for a number of finite difference schemes. Particular emphasis is placed on the effects of numerical dispersion on array processing and on the resulting binaural responses. Our method is compared to a binaural simulation based on the image method. Results indicate good spatial and temporal agreement between the two methods.

A Pension for Injured Victims of the Troubles: Reparations or Reifying Victim Hierarchy?

Reparations have been often used victim-centred measures to redress both private harm and gross violations of human rights. However, with the increasing occurrence of internal armed conflict and political violence, identities of victims and perpetrators in protracted conflicts can become blurred for some individuals. In countries like Peru and Northern Ireland that have suffered protracted violence, victimhood has been contested around which individuals are seen as innocent and deserving to exclude any members of non-state armed groups from claiming reparations. This article explores the issue of a proposed bill on a pension for injured victims of the Troubles in Northern Ireland. It identifies that there is no consistent state practice or human rights jurisprudence in this area, but instead offers a more complex approach through four models that can grapple with the seeming diametrically opposed victimhood and responsibility, by including victimised-perpetrators in reparations programmes such as that proposed for a pension of seriously injured victims in Northern Ireland.

Behavioural and physiological responses of shelter dogs to long-term confinement

In Italy, National Law (281/1991) prohibits euthanasia of shelter dogs if they are not dangerous or suffering seriously. Adoption rates in rescue shelters are often lower than entrance rates, leading inevitably to overcrowded facilities where animals are likely to spend the rest of their lives in kennels. In this situation, housing conditions (i.e. space provided, environmental, and social stimulation) may have an impact on canine welfare. In this research project, the effects of two different forms of housing (group- and pair housing) on long-term shelter dogs were compared using behavioural and physiological parameters. Observational data and saliva samples were collected from dogs exposed to both experimental settings; behaviour and cortisol concentration levels were used as welfare indicators. Pair housing offered fewer social and environmental stimuli and behavioural analysis showed a significant decrease in locomotor, exploratory, and social behaviour. Cortisol levels show that this parameter varied independently of housing conditions. Although this study found no evidence suggesting that one form of confinement reduced animal welfare more than the other (e.g. in terms of abnormal behaviour, or higher cortisol concentrations), the type of confinement did affect the expression of a variety of behaviours and these variations should not be ignored with respect to housing decisions for long-term shelter dogs.

Diversity of Aeromonas species from different environments in Portugal

Espécies de Aeromonas encontram-se distribuídas por diferentes habitats, estando especialmente relacionadas com ambientes aquáticos. O seu papel em complicações na saúde humana e animal é reconhecido. De facto, não só pelo seu potencial de virulência, mas também pelos determinantes genéticos de resistência a antibióticos que possam conter, estes organismos constituem uma preocupação na medicina humana e veterinária. Assim, é essencial o estudo da diversidade de espécies de Aeromonas bem como explorar as suas características fenotípicas e genéticas que podem conduzir a impactos negativos. A água constitui um importante veículo de transmissão de microrganismos e espécies de Aeromonas estão amplamente distribuídas em águas tratadas e não tratadas. Em Portugal é ainda comum o consumo de águas não tratadas cuja qualidade, na maioria das vezes, não é sujeita a monitorização, como acontece por exemplo, em explorações agrícolas de gestão familiar. Neste estudo, investigou-se a presença de Aeromonas em águas não tratadas para consumo. Estabeleceu-se também uma linha horizontal de colheitas de diferentes amostras de origem agrícola com o intuito de avaliar a possibilidade de a água ser uma das vias de contaminação de culturas agrícolas e animais por espécies de Aeromonas. Obtiveram-se 483 isolados que foram discriminados por RAPD-PCR. 169 estirpes distintas foram identificadas ao nível da espécie por análise filogenética baseada no gene gyrB. Verificou-se uma frequente ocorrência bem como uma diversidade considerável de espécies de Aeromonas. Em alguns casos, as relações genotípicas entre isolados de diferentes amostras eram muito próximas. Adicionalmente, a maioria das amostras continha diferentes espécies e estirpes distintas da mesma espécie. A. media e A. hydrophila foram as espécies mais ocorrentes. Um grupo de isolados apresentou variantes moleculares de gyrB diferente das conhecidas até agora, o que indica que poderão constituir espécies não descritas. O perfil de susceptibilidade da colecção de Aeromonas a diferentes antibióticos foi estabelecido, constituindo um perfil típico do género, com algumas excepções. Estirpes multirresistentes foram encontradas. A presença de genes tet e bla foi investigada por estudos de PCR, hibridação e, em alguns casos, de sequenciação. Como era esperado, cphA/imiS foi o mais detectado. A detecção de integrões fez-se por PCR e hibridação e a sua caracterização foi feita por sequenciação de DNA; a sua ocorrência foi reduzida. A maioria das estirpes sintetizou enzimas extracelulares com actividade lipolítica e proteolítica que potencialmente contribuem para virulência. A análise por PCR e hibridação permitiram a detecção de vários determinantes genéticos que codificam moléculas possivelmente envolvidas em processos patogénicos. Diversas espécies de Aeromonas apresentando características relacionadas com resistência a antibióticos e potencialmente de virulência estão frequentemente presentes em produtos para consumo humano e animal em Portugal. ABSTRACT: Aeromonas spp. are present in a wide range of ecological niches, being mainly related to aquatic environments. Their role in human and animal health complications is recognised. In fact, not only for their putative virulence but also for the antibiotic resistance genetic determinants Aeromonas may harbour, these organisms constitute an issue of concern in human and veterinary medicine. Thus, it is essential to get knowledge on Aeromonas sp. diversity and on their genotypic and phenotypic characteristics that may lead to negative impacts. Water constitutes a good contamination route for microorganisms and Aeromonas are widespread in untreated and treated waters from different sources. In Portugal there is still an extensive use of untreated water which is not regularly monitored for quality. This is often the case in family smallholding farms. In this study untreated drinking and mineral waters were assessed for their content in Aeromonas spp. Furthermore, a sampling scheme was designed to investigate the occurrence and diversity of Aeromonas sp. in different agricultural correlated sources and to assess the possibility of water being the transmission vehicle between those sources. 483 isolates were obtained and discriminated by RAPD-PCR. Identification at the species level for 169 distinct strains was done by gyrB based phylogenetic analysis. Results demonstrated the frequent occurrence and considerable diversity of Aeromonas spp. In some cases, genotypic close relations were found between isolates from different sources. Also, most samples contained different species and distinct strains of the same species. A. media and A. hydrophila were the most occurring. A group of isolates displayed gyrB gene sequences distinct from the previously known, indicating that they may constitute representatives of non-described species. The antibiotic susceptibility profile of the aeromonads collection was established and constituted a typical profile of the genus, although few exceptions. Multiresistance patterns were found. The presence of tet and bla genes was investigated by PCR, hybridisation and, in some cases, sequencing analysis. As expected, cphA/imiS was the most detected. Integrons were screened by PCR and hybridisation and characterised by DNA sequencing; low occurrence was recorded. The bulk of strains was able to produce extracellular enzymes with lipolytic and proteolytic activities, which may contribute to virulence. PCR and hybridisation surveys allowed the detection of distinct genetic determinants coding for molecules putatively involved in pathogenic processes. Diverse Aeromonas sp. presenting distinct antibiotic resistance features and putative virulence traits are frequently present in many sources for human and animal consumption in Portugal.

The use of biomarkers to diagnose the ecological impact of pollutants in Mediterranean rivers

Um assunto que requer atenção é a avaliação ecológica da qualidade da água de ecossistemas de água doce. Uma abordagem que surge como promissora é a biomonitorização baseada em biomarcadores, porque pode avaliar a saúde dos organismos e obter sinais de alerta precoce acerca dos riscos ambientais. Até agora, porém, o uso de biomarcadores em espécies de invertebrados, para diagnosticar danos ecológicos nos rios, é escasso. Por essa razão, existe uma necessidade urgente de desenvolver biomarcadores nas principais espécies de macroinvertebrados dos ecossistemas fluviais que são alvo de estudo. Esta tese tem como objectivo averiguar se as respostas in situ, aliadas aos biomarcadores, podem ser um método viável para avaliar os danos ecológicos de contaminantes em ecossistemas de água doce. Numa primeira fase, os biomarcadores foram usados para averiguar os mecanismos fisiológicos de adaptação genética de clones de Daphnia magna ao pesticida organofosforado fenitrothion. Numa segunda fase, os biomarcadores foram usados como ferramentas de diagnóstico de poluição em zonas ribeirinhas. Estes estudos foram realizados com três espécies-chave de macroinvertebrados: Daphnia magna, Corbicula fluminea e Hydropsyche exocellata, nos rios Besós e Llobregat e no Delta do rio Ebro (NE Espanha). Além disso, foram realizados com animais capturados nos rios, ou com ensaios de transplantes, e foram complementados com índices biológicos de macroinvertebrados e análises químicas da água e dos animais. Como os contaminantes químicos têm vários modos toxicológicos de acção e, portanto, afectam várias respostas bioquímicas dos organismos, foram analisados nas três espécies um conjunto de biomarcadores pertencentes a diferentes vias metabólicas. A abordagem experimental indica que o uso combinado de biomarcadores e outras medidas, tais como índices biológicos e testes in situ, contribui para diagnosticar os efeitos prejudiciais de contaminantes nas comunidades ribeirinhas.

Revenue diversification in higher education: the case of Portugal

Socio-economic changes, alterations in societal expectations and new public policies have put pressures on higher education public funding, bringing the issue of funding diversification to the forefront. Income diversification, namely, generation of funds from private, as well as from competitive public sources, has become increasingly important in European higher education due to a complex financial environment and perceived deficit of innovation transfer. Although there are numerous studies about changes in national funding systems and allocation mechanisms, few have focused on diversification of funding sources, especially in the European context, making Portugal no exception. Thus, this study aims at exploring income diversification at the institutional level and its influence on the internal organisational structures. For this purpose two Portuguese public universities were chosen as case studies. The empirical material was collected through semi-structured interviews with top management and middle management of each university and through documentary analysis. Data analysis demonstrated that both universities are in the process of institutionalizing and formalising practices of income diversification, notably by getting more professional in how they are dealing with external stakeholders, such as businesses, local community, and students. However, the study also revealed that there is no formal, organised strategy to deal with income diversification. In general, the universities are reacting to external demands rather than pro-actively exploring opportunities. In this respect, the analysis determined several factors that promote or inhibit income diversification activities. Quality and favourable organizational culture were named by the interviewees as the most relevant factors for successful income diversification. External factors such as legal arrangements and funding conditions were cited as major constraints. This research has also revealed that revenue diversification activities tend to develop along the continuum towards higher sophistication and systematisation of activities that are supported by a powerful infrastructure. Together with efforts at the institutional level, the role of government policies proves to be crucial in providing tools and incentives to higher education institutions and creating a harmonious higher education system.

Speech of Mr. C. G. Memminger, on the question of rechartering the bank of the state of South Carolina: delivered in the House of Representatives, December 9, 1848

This speech by Mr. Memminger offers resolutions on the issue of rechartering the bank of the state of South Carolina. The issues presented are the Bank of the State is founded on an erroneous policy, unwise for a state to engage in banking, not practical to recharter the Bank of the State and a special committee of each house should be appointed to advise how to carry out these resolutions at the next session.

The Personal and Professional Selves of Teachers: Stable and Unstable Identities

In much educational literature it is recognised that the broader social conditions in which teachers live and work, and the personal and professional elements of teachers' lives, experiences, beliefs and practices are integral to one another, and that there are often tensions between these which impact to a greater or lesser extent upon teachers' sense of self or identity. If identity is a key influencing factor on teachers' sense of purpose, self‐efficacy, motivation, commitment, job satisfaction and effectiveness, then investigation of those factors which influence positively and negatively, the contexts in which these occur and the consequences for practice, is essential. Surprisingly, although notions of ‘self’ and personal identity are much used in educational research and theory, critical engagement with individual teachers' cognitive and emotional ‘selves’ has been relatively rare. Yet such engagement is important to all with an interest in raising and sustaining standards of teaching, particularly in centralist reform contexts which threaten to destabilise long‐held beliefs and practices. This article addresses the issue of teacher identities by drawing together research which examines the nature of the relationships between social structures and individual agency; between notions of a socially constructed, and therefore contingent and ever‐remade, ‘self’, and a ‘self’ with dispositions, attitudes and behavioural responses which are durable and relatively stable; and between cognitive and emotional identities. Drawing upon existing research literature and findings from a four‐year Department for Education and Skills funded project with 300 teachers in 100 schools which investigated variations in teachers' work and lives and their effects on pupils (VITAE), it finds that identities are neither intrinsically stable nor intrinsically fragmented, as earlier literature suggests. Rather, teacher identities may be more, or less, stable and more or less fragmented at different times and in different ways according to a number of life, career and situational factors.

A Global Portrait of Counselling Psychologists’ Characteristics, Perspectives, and Professional Behaviors

Counselling psychologists in eight countries (Australia, Canada, New Zealand, South Africa, South Korea, Taiwan, the United Kingdom, and the United States) responded to survey questions that focused on their demographics as well as their professional identities, roles, settings and activities. As well, they were asked about satisfaction with the specialty and the extent to which they endorsed 10 core counselling psychology values. This article reports those results, focusing both on areas in which there were between-country similarities as well as on those for which there were differences. These data provide is a snapshot of counselling psychology globally and establish a foundation for the other articles in this special issue of the journal.

A Community Hub Approach to Older People’s Housing

Purpose. This paper explores the potential of housing with care schemes to act as community hubs. The analysis highlights a range of benefits, barriers and facilitators. Design/methodology/approach. Data is presented from the ASSET project (Adult Social Services Environments and Settings) which used a mixed methods approach including a review of the literature, surveys and in-depth case study interviews. Findings. Most housing with care schemes have a restaurant or café, communal lounge, garden, hairdresser, activity room and laundrette, while many also have a library, gym, computer access and a shop. Many of these facilities are open not just to residents but also to the wider community, reflecting a more integrated approach to community health and adult social care, by sharing access to primary health care and social services between people living in the scheme and those living nearby. Potential benefits of this approach include the integration of older people’s housing, reduced isolation and increased cost effectiveness of local services through economies of scale and by maximising preventative approaches to health and wellbeing. Successful implementation of the model depends on a range of criteria including being located within or close to a residential area and having on-site facilities that are accessible to the public. Originality and Value. This paper is part of a very new literature on community hub models of housing with care in the UK. In the light of new requirements under the Care Act to better coordinate community services, it provides insights into how this approach can work and offers an analysis of the benefits and challenges that will be of interest to commissioners and providers as well as planners. This was a small scale research project based on four case studies. Caution should be taken when considering the findings in different settings.

How the sublime became "now": time, modernity and aesthetics in Lyotard's rewriting of Kant

Writing in the late 1980s, Nancy gives as examples of the "recent fashion for the sublime" not only the theoreticians of Paris, but the artists of Los Angeles, Berlin, Rome, and Tokyo. At the beginning of the twenty-first century, the sublime may of course no longer seem quite so "now" as it did back then, whether in North America, Europe, or Japan. Simon Critchley, for one, has suggested that, at least as regards the issue of its conceptual coupling to "postmodernism," the "debate" concerning the sublime "has become rather stale and the discussion has moved on." Nonetheless, if that debate has indeed "moved on"-and thankfully so-it is not without its remainder, particularly in the very contemporary context of a resurgence of interest in explicitly philosophical accounts of art, in the wake of an emergent critique of cultural studies and of the apparent waning of poststructuralism's influence-a resurgence that has led to a certain "return to aesthetics" in recent Continental philosophy and to the work of Kant, Schelling, and the German Romantics. Moreover, as Nancy's precise formulations suggest, the "fashion" [mode] through which the sublime "offers itself"-as "a break within or from aesthetics"-clearly contains a significance that Critchley's more straightforward narration of shifts in theoretical chic cannot encompass. At stake in this would be the relation between the mode of fashion and art's "destiny" within modernity itself, from the late eighteenth century onwards. Such a conception of art's "destiny," as inextricably linked to that of the sublime, is not unique to recent French theory. In a brief passage in Aesthetic Theory, Adorno also suggests that the "sublime, which Kant reserved exclusively for nature, later became the historical constituent of art itself.... [I]n a subtle way, after the fall of formal beauty, the sublime was the only aesthetic idea left to modernism." As such, although the term has its classical origins in Longinus, its historical character for "us," both Nancy and Adorno argue, associates it specifically with the emergence of the modern. As another philosopher states: "It is around this name [of the sublime] that the destiny of classical poetics was hazarded and lost; it is in this name that ... romanticism, in other words, modernity, triumphed."

Construction of womanhood in the bengali language of Bangladesh

The subject-matter of this essay is gender justice in language which, as I argue, may be achieved through the development of a gender-related approach to linguistic human rights. The last decades of the 20th century, globally marked by a “gender shift” in attitudes to language policy, gave impetus to the social movement for promoting linguistic gender equality. It was initiated in Western Europe and nowadays is moving eastwards, as ideas of gender democracy progress into developing countries. But, while in western societies gender discrimination through language, or linguistic sexism, was an issue of concern for over three decades, in developing countries efforts to promote gender justice in language are only in their infancy. My argument is that to promote gender justice in language internationally it is necessary to acknowledge the rights of women and men to equal representation of their gender in language and speech and, therefore, raise a question of linguistic rights of the sexes. My understanding is that the adoption of the Universal Declaration of Linguistic Rights in 1996 provided this opportunity to address the problem of gender justice in language as a human rights issue, specifically as a gender dimension of linguistic human rights.