Once more into the mire, dear friends : determining the existence of a duty of care in negligence

There were signs in the 1997 High Court decision in Hill v Van Erp that the different members of the bench were beginning to move in the same direction when it came to the tort equivalent of the search for the Holy Grail, a common approach to the determination of the existence of a duty of care in negligence. However, the court's subsequent decision in Perre v Apand signaled a slide back to uncertainty with the seven judges favouring five different approaches. This Note examines those five approaches in the search for guidance for those at the "coalface" - litigants, their legal advisers and trial judges.

Navigating the methodological mire : practical epistemology in design research

The field of design research is a marketplace of methodological diversity. It isn't just that there are many different research methods in the field, but that there are many different methodological 'foundations' - principles for how research can and should be done, for how contributions to knowledge ought to be pursued. This is not particularly surprising given how broadly 'design' is often conceptualised. Herbert Simon (1996) suggested "the proper study of mankind is the science of design"; Nigel Cross has identified a principal difference between humankind and the animal kingdom to be our ability to design. In light of such encompassing notions of design it is difficult to imagine how the field of design research should exhibit any less diversity than that found within and among the arts, humanities, the human and social sciences.

Allochthonous and autochthonous mire deposits, slope instability and palaeoenvironmental investigations in the Borve Valley, Barra, Outer Hebrides, Scotland

Ashmore, P. Brayshay, B.A Edwards, K.J Gilbertson, D. Grattan, J. Kent, M. Pratt, K. Weaver, R. 'Allochthonous and autochthonous mire deposits, slope instability and palaeoenvironmental investigations in the Borve Valley, Barra, Outer Hebrides, Scotland' The Holocene 2000 10, 1 pp.97-108

Mire ontogeny, environmental and climate change inferred from fossil beetle successions from Hatfield Moors, eastern England

Results of a fossil Coleoptera (beetle) fauna from a fen edge sequence from Hatfield Moors, Humberhead Levels, are presented. Mire ontogeny inferred from this location and others are discussed, particularly in the light of previous palynological and plant macrofossil investigations. Peat initiation across most of the site centres around 3000 cal BC, characterised by a Calluna-Eriophorum heath with areas of Pinus-Betula woodland. The onset of peat accumulation on the southern margins of the site was delayed until 1520-1390 cal BC and appears to overlap closely with a recurrence surface at a pollen site (HAT 2) studied by Brian Smith (1985, 2002) dated to 1610-1440 cal BC, suggesting that increased surface wetness may have caused mire expansion at this time. The faunas illustrate the transition from eutrophic and mesotrophic fen to ombrotrophic raised mire, although the significance of both Pinus- and Calluna-indicating species through the sequence suggests that heath habitats may have continued to be important. Elsewhere, this earlier phase of rich fen is lacking and mesotrophic mire developed immediately above nutrient poor sands, with ombrotrophic conditions indicated soon after. Correspondence analysis of the faunas provides valuable insights into the importance of sandy heath habitats on Hatfield Moors. The continuing influence of the underlying coversands suggests these may have been instrumental in mire ontogeny. The research highlights the usefulness of using Coleoptera to assess mire ontogeny, fluctuations in site hydrology and vegetation cover, particularly when used in conjunction with other peatland proxies. The significance of a suite of extinct beetle species is discussed with reference to forest history and climate change.

Estudo da antiga mina de volfrâmio das Aveleiras (Mire de Tibães): cartografia geotécnica e avaliação geomecânica

Este trabalho tem como objetivo sublinhar a importância de um estudo geológico‐geotécnico para apoiar a cartografia geotécnica do maciço rochoso subterrâneo da antiga mina de volfrâmio das Aveleiras (Mosteiro de Tibães, Braga). Foi realizado um trabalho de campo sistemático, ao longo de uma rede de galerias subterrâneas com uma extensão aproximada de 155 m. Estas galerias são constituídas, principalmente, por rochas metassedimentares, embora aflorem rochas graníticas num pequeno trecho de uma das galerias. A técnica de amostragem linear de descontinuidades aplicada ao grau de compartimentação do maciço rochoso esteve na base de todos os dados geológicos, geotécnicos e geomecânicos. Além disso, foram coligidos e integrados os dados de campanhas de campo anteriores, realizadas entre 2006 e 2011. Foram igualmente descritos os métodos de avaliação dos dados de campo, bem como a análise estatística dos parâmetros geológico‐geotécnicos. O zonamento geotécnico do maciço rochoso das Aveleiras foi desenvolvido tendo em conta o comportamento do maciço rochoso in situ, e foi apoiado por ensaios laboratoriais de resistência do material‐rocha através do Ensaio de Carga Pontual. Apresenta‐se uma proposta preliminar de zonamento geomecânico com o objectivo de apoiar o projeto de engenharia de maciços rochosos.

Una biblioteca escolar que, además de hacia dentro, mire hacia fuera.

Resumen basado en el de la publicación

The performance of single- and multi-proxy transfer functions (testate amoebae, bryophytes, vascular plants) for reconstructing mire surface wetness and pH

Peatlands are widely exploited archives of paleoenvironmental change. We developed and compared multiple transfer functions to infer peatland depth to the water table (DWT) and pH based on testate amoeba (percentages, or presence/absence), bryophyte presence/absence, and vascular plant presence/absence data from sub-alpine peatlands in the SE Swiss Alps in order to 1) compare the performance of single-proxy vs. multi-proxy models and 2) assess the performance of presence/absence models. Bootstrapping cross-validation showing the best performing single-proxy transfer functions for both DWT and pH were those based on bryophytes. The best performing transfer functions overall for DWT were those based on combined testate amoebae percentages, bryophytes and vascular plants; and, for pH, those based on testate amoebae and bryophytes. The comparison of DWT and pH inferred from testate amoeba percentages and presence/absence data showed similar general patterns but differences in the magnitude and timing of some shifts. These results show new directions for paleoenvironmental research, 1) suggesting that it is possible to build good-performing transfer functions using presence/absence data, although with some loss of accuracy, and 2) supporting the idea that multi-proxy inference models may improve paleoecological reconstruction. The performance of multi-proxy and single-proxy transfer functions should be further compared in paleoecological data.

Linking Landscape Protection and Nature Conservation: Switzerland’s Experience with Protected Mire Landscapes

Since 1987, Switzerland’s Federal Inventory of Mire Landscapes of Particular Beauty and National Importance has provided an instrument for the integration of nature conservation and landscape protection. Mires and mire landscape protection are strictly regulated. However, research results show that neither the goals of mire protection nor those of mire landscape protection are being achieved. The reasons for this are manifold and, in particular, have to do with a lack of coordination between the various policy areas that shape mire environments and mire landscapes. There are several key challenges involving different political and administrative levels. At the national level, mechanisms must be devised that enable differentiated regional implementation of national sectoral policies. In the context of cantonal structure planning, regional nature conservation and landscape protection priorities should be established based on existing regional potentials vis-à-vis the natural environment and landscapes (including protected biotopes and landscapes). At the regional level (spanning multiple communes), integrated planning instruments and governance structures should be developed so that implementation of national and cantonal sectoral policies may be harmonized under the umbrella of regional and integrated development plans. These adjustments to Switzerland’s institutional system are necessary to enable far-reaching integration of nature conservation and landscape protection when setting regional policy priorities. This would strengthen the protection of mire landscapes and other integrative instruments such as regional nature parks of national importance.

Human and climatic impact on mires: a case study of Les Amburnex mire, Swiss Jura Mountains

Modern period long-term human and climatic impacts on a small mire in the Jura Mountains were assessed using testate amoebae, macrofossils and pollen. This multiproxy data analysis permitted detailed interpretations of local and regional environmental change and thus a partial disentanglement of the different variables that influence long-term mire development. From the Middle Ages until a.d. 1700 the mire vegetation was characterised by ferns, Caltha and Vaccinium, but then abruptly changed into the modern vegetation characterised by Cyperaceae, Potentilla and Sphagnum. The cause for this change was most probably deforestation, possibly enhanced by climatic cooling. A decrease in trampling intensity by domestic animals from a.d. 1950 onwards allowed Sphagnum growth and climatic warming in the a.d. 1980s and 1990s may have been responsible for considerable changes in the species composition. The mire investigated is an example of the rapid changes in mire vegetation and peat development that occurred throughout the central European mountain region during the past centuries as a result of changing climate and land-use practice. These processes are still active today and will determine the future development of high-altitude mires.