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).

Philosophies, traditional pedagogy, and new technologies: a report on a case study of EAP teachers' integration of technology into traditional practice

This chapter reports on a study of teachers in transition, developing their practice and their cognitions regarding the integration of learning technologies with traditional approaches to the teaching of English for Academic Purposes (EAP). Taking a case study approach, it examines developments in the practice of three teachers during and after a teacher education programme on the use of technology in the EAP classroom. This is a study of cognition, teaching philosophy, and the relationship between pedagogy, technology, and content, and how teachers situate these within their own practice. The setting is the rapidly changing UK higher education environment, where the speed of change is such that today's latest fashions and gadgets may well be yesterday's news tomorrow. Thus, this is not a tale of individual technologies or tools to make teachers' lives better. This is a story of people, of pedagogy's traditional values intersecting with technology, and the issues arising from this, alongside the evolution of strategies for dealing with these issues.

Cyber-ambient intelligent training of operators in power systems control centres

Cyber-Physical Systems and Ambient Intelligence are two of the most important and emerging paradigms of our days. The introduction of renewable sources gave origin to a completely different dimension of the distribution generation problem. On the other hand, Electricity Markets introduced a different dimension in the complexity, the economic dimension. Our goal is to study how to proceed with the Intelligent Training of Operators in Power Systems Control Centres, considering the new reality of Renewable Sources, Distributed Generation, and Electricity Markets, under the emerging paradigms of Cyber-Physical Systems and Ambient Intelligence. We propose Intelligent Tutoring Systems as the approach to deal with the intelligent training of operators in these new circumstances.

Explicit/implicit training of cooperative learning with junior elementary students /

This experimental study examined the effects of cooperative learning and expliciUimpliGit instruction on student achievement and attitudes toward working in cooperative groups. Specifically, fourth- and fifth-grade students (n=48) were randomly assigned to two conditions: cooperative learning with explicit instruction and cooperative learning with implicit instruction. All participants were given initial training either explicitly or implicitly in cooperative learning procedures via 10 one-hour sessions. Following the instruction period, all students participated in completing a group project related to a famous artists unit. It was hypothesized that the explicit instruction training would enhance students' scores on the famous artists test and the group projects, as well as improve students' attitudes toward cooperative learning. Although the explicit training group did not achieve significantly higher scores on the famous artists test, significant differences were found in group project results between the explicit and implicit groups. The explicit group also exhibited more favourable and positive attitudes toward cooperative learning. The findings of this study demonstrate that combining cooperative learning with explicit instruction is an effective classroom strategy and a useful practice for presenting and learning new information, as well as working in groups with success.

Grade nine teachers' perception of how teachers, parents, peers, administrators, and community members affect the development of the grade nine student /

The purpose of this study was to examine grade nine teachers' perception of how teachers, parents, peers, administrators, and community members influence the overall development of grade nine students. Ten grade nine teachers (four male and six female) participated in the study which consisted of the completion of a one hour, tape-recorded interview. The central findings were as follows: 1) the grade nine student has evolved; 2) peers have an important impact on the four developmental areas (physical, emotional, social, and academic) of the grade nine student; and 3) the role of the grade nine teacher appears to have dramatically changed over the last seventeen years. Suggestions and recommendations for future research in this field are based on findings related to the enhancement of the secondary school experience for the grade nine adolescent.

What's the difference under the gown? : new professors' development as university teachers

This study explores how new university teachers develop a teaching identity. Despite the significance ofteaching, which usually comprises 40% of a Canadian academic's workload, few new professors have any formal preparation for that aspect of their role. Discipline-specific education for postsecondary professors is a well-defined path; graduates applying for faculty positions will have the terminal degree to attest to their knowledge and skill conducting research in the discipline. While teaching is usually given the same workload balance as research, it is not clear how professors create themselves as teaching professionals. Drawing on Kelly's (1955) personal construct theory and Kegan's (1982, 1994) model ofdevelopmental constructivism through differentiation and integration, this study used a phenomenographic framework~(Marton, 1986, 1994; Trigwell & Prosser, 1996) to investigate the question of how new faculty members construe their identity as university teachers. Further, my own role development as researcher was used as an additional lens through which to view the study results. The study focused particularly on the challenges and supports to teaching role development and outlines recommendations the participants made for supporting other newcomers. In addition, the variations and similarities in the results suggest a developmental model to conceptions ofteaching roles, one in which teaching, research, and service roles are viewed as more integrated over time. Developing a teacher identity was seen as a progression on a hierarchical model similar to Maslow's (1968) hierarchy of needs.

Recruitment And Training Of Managers In The Public Sector Concerns In Kerala

Public undertakings have been assigned a significant role to play in the systematic socio-economic development of India. My interest in the subject was kindled while I was doing my Masters Diploma in Public Administration at the Indian Institute of Public Administration, New Delhi during 1960-61. It was further strengthened by my teaching of the subject in different courses offered by me at the School of Management Studies and in several programmes organised by various voluntary and training organisations like the Institute of Management in Government, Trivandrum, Centre for Management Development, Trivandrum, etc. The several years in which I served as a member of the faculty in the School of Management Studies, University of Cochin,gave me the opportunity to come into close contact with different public sector concerns and their managers at various levels. This rich opportunity gave me a better insight into the problems faced by these concerns. The present study is a result of the interest so developed.

How to improve the formal analytic reasoning and scientific motivation in the intellectual training of medical students

A review article of the The New England Journal of Medicine refers that almost a century ago, Abraham Flexner, a research scholar at the Carnegie Foundation for the Advancement of Teaching, undertook an assessment of medical education in 155 medical schools in operation in the United States and Canada. Flexner’s report emphasized the nonscientific approach of American medical schools to preparation for the profession, which contrasted with the university-based system of medical education in Germany. At the core of Flexner’s view was the notion that formal analytic reasoning, the kind of thinking integral to the natural sciences, should hold pride of place in the intellectual training of physicians. This idea was pioneered at Harvard University, the University of Michigan, and the University of Pennsylvania in the 1880s, but was most fully expressed in the educational program at Johns Hopkins University, which Flexner regarded as the ideal for medical education. (...)

An online course fostering self-regulation of trainee teachers

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