bluuebunny/crossref_metadata_2025 huggingface dataset:
Solicitors’ Negligence And Liability
Authors: Davies Mark R
Published: November 2023

Professional negligence is an expanding area of interest and Solicitors’ Negligence and Liability is a new and authoritative stand alone text providing coverage of the major topics of solicitors’ negligence and liability. Readily accessible and functional, this specialist desk guide is clearly laid out for quick and precise analysis of the specific topic areas of contractual duties, tortious duties, equitable obligations, undertakings, defences, remedies, solicitors’ indemnity insurance and also gives unique and valuable coverage of professional regulation. This is an essential reference guide for practising lawyers specialising in solicitors’ negligence but will be of value for any solicitor wishing to be reminded of the pitfalls in practice they are hoping to avoid.
Regulation
Authors: Davies Mark R
Published: November 2023

Section 1 of the Solicitors Act 1974 provides that a person is qualified to practise as a solicitor only if he or she has been admitted, retains his or her name on the Roll and has in force a current practising certificate issued by the SRA. A person will be practising as a solicitor if he or she is involved in legal practice (including the provision of business services of the type provided by a solicitor) and: the person’s involvement depends on being a solicitor; is held out explicitly or implicitly2 as a practising solicitor; is employed explicitly or implicitly as a solicitor or is deemed to be acting as a solicitor under the provisions of section 1A of the 1974 Act.
Litigation And Family Proceedings
Authors: Davies Mark R
Published: November 2023

Litigation provides a common source of negligence claims against solicitors. For example, Zurich, which provides professional indemnity insurance to around 23 per cent of solicitors, reported that in 2005–2006 litigation was in second place (after residential property and remortgaging) with regard to numbers of claims, at 22 per cent. Litigation is as much an art as a science in that, whilst a solicitor must demonstrate reasonable competence with regard to appropriate law and procedure, a particularly skilful solicitor may be able to use law and procedure to gain advantage over his or her less skilful opponent.
Mortgage Fraud
Authors: Davies Mark R
Published: November 2023

The role of a solicitor acting for a mortgage lender in the conveyancing process places him or her in a special position regarding the protection of the lender client’s interests. One of the solicitor’s obligations may be to protect the lender against fraudulent activity. The recent history of mortgage fraud can be dated back to around 1988, having become a serious problem during the property boom of the late 1980s.
Company And Commercial
Authors: Davies Mark R
Published: November 2023

On the face of it, company and commercial work is not a major contributor to the overall picture of solicitors’ negligence accounting, for example, for four per cent by number of claims handled by one insurer in 2005–06. However, when things do go wrong in this area of practice the claims by value tend to be disproportionately high.
The Spread of a ‘Human Resources ‘ Culture: Institutional Individualism and the Rise of Personal Development Training
Authors: Luo Xiaowei
Published: November 2023

In an era of increasing globalization, human resources have been considered as the ultimate competitive advantage for corporations (Pfeffer 1994), fostering the rapid spread of a new model of human resources training centered on personal development (Monahan, Meyer, and Scott 1994). Actual and perceived globalization has played an important part in the rise and diffusion of this new ‘human resources’ culture.
The Rights Protected: France and Germany To 1928
Authors: Adeney Elizabeth
Published: November 2023

In the foregoing chapter we have briefly looked at the doctrinal beginnings of moral rights. Both French and German jurists contributed throughout the 19th century and into the 20th century to the development of moral rights concepts and the legal constructs which contained them. It was the achievement of these jurists to take scattered principles that had been developing for centuries and work them into an intellectually coherent body of law.
Agreement Phenomena in Sign Language of the Netherlands
Authors: Zwitserlood Inge , Gijn Ingeborg Van
Published: November 2023

For some years, linguists have tried to account for the occurrence and interpretation of null arguments by relating them to (rich) agreement (among others Taraldsen 1980; Chomsky 1981; Rizzi 1982). However, numerous problems were encountered. Some languages (such as German) appear not to allow null arguments, even though they have rich agreement systems. Other languages (such as Chinese) do allow null arguments, but have no agreement at all.
Application In Time of Regulation 2790/99
Authors: Wijckmans Frank , Tuytschaever Filip , Vanderelst Alain
Published: November 2023

The application in time is governed by Articles 12 and 13 of Regulation 2790/99. According to these provisions, from 1 January 2001 onwards, all vertical agreements must comply with the conditions of Regulation 2790/99 in order to beneﬁt from block exemption under the said regulation. The block exemption expires on 31 May 2010.

This application in time also applies to the non-EC Member States of the EEA Agreement.
Marxist Thought and the Analysis of Work
Authors: Hyman Richard
Published: November 2023

Marx was anything but a detached academic observer of the world of work: he was passionately engaged in the struggles of the emergent labor movements within, and against, the new capitalist society in which wage-labor was becoming the dominant form of work. As he famously declared, the task was not only to interpret the world but to change it.
Technology and Work
Authors: Bélanger Jacques
Published: November 2023

After a period when the study of technology became rather outmoded, the information technology revolution has made it an important focus of research again, and led to debates on electronic surveillance and the Panopticon. Drawing on both the classic works and some recent contributions, this chapter discusses these issues but takes some distance from the most alarmist scenarios by insisting on the foremost importance of social relations. It throws light on the structuring influence of technology but also insists there is still much room for agency. At the end, social relations still prevail.
Collaboration in Supply ChainsWith and Without Trust
Authors: MacDuffie fohn Paul , Helper Susan
Published: November 2023

The growth of collaboration hasoccurred over the last few decades not only within firms but also across firms, through elaboration of complex supplychain and alliance relationships. The automobile industry has long been used as an exemplar of important economic phenomena involving supply chains. For most of the first two-thirds of the twentieth century, mass production was dominant and the automotive industry was highly vertically integrated. During this period, economists dating back to Coase focused on determining why and when agiven component would be procured outside the firm, in a market transaction, rather than supplied internally from a wholly owned subsidiary, through hierarchical coordination governed by transfer pricing. (See for example Coase 1937; Klein et al. 1978.)
Surveillance And Intelligence Law Handbook
Authors: Williams Dr Victoria
Published: November 2023

This handbook, containing annotated materials and case summaries brought together in one volume, is an essential guide for practitioners, police officers, and other investigators alike. Focusing on the Regulation of Investigatory Powers Act 2000 (RIPA) and the Investigatory Powers Tribunal established by the Act, it is a practical tool for use both pre-trial and during trial. The book includes all relevant materials and guidance, case law, codes, rules, and regulations with commentary, footnotes, and cross-referencing to key sections, providing quick and easy access to the law relating to surveillance and the covert gathering of intelligence.
An Overview
Authors: Coffee John C
Published: November 2023

Three principal professions: accounting, law, and securities analysis, have evolved to offer gatekeeping services to investors. A fourth gatekeeper, the credit-rating agency, also merits examination, even if the few entities engaged in this work do not amount to a full-scale profession, because their specialized services are much relied upon by investors and because their different institutional arrangements and legal status furnish an instructive counterpoint.
Strategizing Realistically in Competitive Environments
Authors: Starbuck William H
Published: November 2023

This chapter advances an iconoclastic argument—that formal strategizing generally makes no important contributions to profits. This argument has four bases: One is the formality with which most firms strategize; formalization undercuts formal strategizing ‘s potential value. A second basis is the existence of fundamental barriers to achieving measurable gains through forecasting and strategizing; these barriers mean that strategizing usually cannot have visible, intended effects on profits. A third basis is the high frequency of large errors in managers ‘ perceptions of their own firms and their market environments; when managers strategize, most of them are trying to run imaginary firms in imaginary markets. A fourth basis is the impossibility of making accurate long-range forecasts and thus of anticipating the consequences of strategies.
Trying to Help S&Ls: How Organizations with Good Intentions Jointly Enacted Disaster
Authors: Pant P Narayan
Published: November 2023

Failures of U.S. savings and loan institutions (S&Ls) in the 1980s added up to one of the largest financial disasters ever to hit the nation. The costs fell on everyone because the Federal Savings and Loan Insurance Corporation (FSLIC) insured the deposits. In 1990, the General Accounting Office estimated that the insurance losses would ultimately exceed $325 billion—over $1,000 for each resident of the United States (Barth 1991). Since many books and articles have appeared about this disaster, a reader might wonder what else there is to say. Improbably, this chapter argues that several explanations do not work and that analysts have slighted some important factors. Analysts have ignored or de-emphasized the effects of decision processes and nearsighted analyses. Most analysts have also focused on events during the 1980s and understated the importance of long-term trends and abrupt policy changes.
The Law of Multi-Bank Financing
Authors: Mugasha Agasha
Published: November 2023

This new work provides analysis of the legal and regulatory facets of syndicated loans, secondary loan market practice and other related financial practices. Acknowledging the dynamic growth in the secondary loan market Mugasha covers loan trading, credit derivatives, collateralised debt obligations, mezzanine and hybrid debt solutions—all topical issues for structured finance lawyers. Practices have changed noticeably over recent years and Mugasha addresses new legal issues that have arisen. Firstly, there are new methods of conducting business, through electronic trading platforms, the internet and a wide range of information providers (Capital Data, Loan Ware and rating agencies). Secondly, regulatory aspects have evolved and initiatives like Basel II and the Equator Principles 2003, and are examined, as are the roles of significant players such as the Loan Syndications and Trading Association and the Loan Market Association. As multi-bank financing remains a major instrument of commerce and finance in the national and international arenas and is notoriously complex, banking and corporate finance lawyers and in-house counsel at banks will value this practical text
Separating The Urgent and The Important: Strategy As A Public Good
Authors: Mulgan Geoff
Published: November 2023

Strategy fills the space between the wide, almost limitless avenues of what’s possible in the far future, and the modest steps which appear to be on offer in the near future. At its best it helps societies face up to their true potential and their weaknesses, but for that very reason it’s bound to be uncomfortable.

I argued earlier that modern governance has been shaped by the growing importance of three types of public good: democracy, knowledge, and connections.
Does Appropriability Enable or Retard Open Innovation?
Authors: West Joel
Published: November 2023

Open Innovation reflects the ability of firms to profitably access external sources of innovations, and for the firms creating those external innovations to create a business model to capture the value from such innovations. Contrasted to the vertically integrated model, Open Innovation includes the use by firms of external sources of innovation and the ability of firms to monetize their innovations without having to build the complete solution themselves. But as Teece (1986) noted some twenty years ago, the ability of firms to pursue this latter course (and thus create a supply of external innovation) depends on appropriability. Absent appropriability, imitators will commercialize the ideal and the innovating firm will lack the incentive (and possibly the funds) to ever innovate again.
The process of national security decision making in Iran: the signing of the Additional Protocol
Authors: Balouji Heidar Ali
Published: November 2023

Disarmament and non-proliferation have become the central focus of the current interaction between Iran and the international community. Any progress in this interaction is tracked closely by observers both within and outside Iran, and the outcome of such interaction has often proved crucial for decision makers in Iran and elsewhere.

Since participation in disarmament and arms control conventions, almost uniquely among national security issues, involves the expertise and the contributions of all the key national security agencies, they play a central role in coordinating policy making and implementation.
Knowledge Management and the Knowledge-Based Economy
Authors: Grant Robert
Published: November 2023

With the bursting of the dotcom bubble and the onset of recession in much of the industrialised world, optimism over the ‘New Economy’ has evaporated and doubts have grown over the potential for knowledge management to unlock new sources of productivity. In this chapter, I point to the need to identify the fundamental drivers of technological change in the digital economy and explore their impact on industry structure and competition. While the implications for profitability are largely unfavourable, this reinforces the quest for competitive advantage for companies.
Developing a Knowledge Strategy
Authors: Zack Michael H
Published: November 2023

Business organizations are coming to view knowledge as their most valuable and strategic resource. They are realizing that to remain competitive they must explicitly manage their intellectual resources and capabilities. To this end, many organizations have initiated a range of knowledge management projects and programs. The primary focus of these efforts has been on developing new applications of information technology to support the digital capture, storage, retrieval, and distribution of an organization’s explicitly documented knowledge.2 A smaller number of organizations, on the other hand, believe that the most valuable knowledge is the tacit knowledge existing within people’s heads, augmented or shared via interpersonal interaction and social relationships.
Germany
Authors: Berger Stefan
Published: November 2023

In existing typologies of European nationalism Germany tends to figure as a key example where the nation was defined predominantly in ethno-cultural terms. Following Hans Kohn’s influential book on Nationalism, its Meaning and History (1955), many scholars have argued that nationalism changed its meaning significantly when it travelled from West to East in the course of the nineteenth century. The Western idea of the nation was perceived as predominantly voluntarist, culturally inclusive, and founded on liberal political principles. Eastern Europe, by contrast, was haunted by ethnic nationalisms, culturally exclusive, and politically authoritarian. Germany, geographically situated in the middle of Europe, occupied a middling position with regard to its national self-images.
The Low Countries
Authors: Strikwerda Carl
Published: November 2023

Nationalism in nineteenth-century Belgium and the Netherlands, two small neighbouring states often referred to together as the Low Countries, was typically inclusive or civic in nature, rather than exclusionary or ethnic. Neither Belgian nor Dutch nationalism experienced the ‘sharp shift to the political right of nation and flag... in the last decades of the nineteenth century’ which historians such as Hobsbawm describe as typical for most of European nationalism. Yet like other European countries, Belgium and the Netherlands experienced industrialization, church–state struggles, Socialism, and imperialism.
The Ottoman Empire
Authors: Iordachi Constantin
Published: November 2023

The aim of this chapter is to refute the idea of a clear-cut dichotomy between a ‘Western type’ of civic nationalism and an ‘Eastern type’ of ethno-cultural nationalism and to question the explanatory power of these generic labels for describing the concrete historical experience of entire countries or regions. The chapter takes as a relevant case study the history of the Balkans—or ‘Turkey in Europe’ as it was named at the time—a region that is generally regarded as the realm of ethnic nationalism par excellence. The chapter adds a new analytic dimension, that of citizenship, to the role of language, ideas, politics, and identity in delineating civic versus ethnic types of nationalism, explored by other chapters in the current volume.
How cystic fibrosis affects other organs
Authors: Thomson Anne H , Harris Ann
Published: November 2023

Around 40 per cent of children with CF develop evidence of liver disease on testing but only in less than 5 per cent does it become severe enough to cause symptoms, The likelihood of developing CF-related diabetes increases with age, More than 25 per cent of adults with CF have diabetes, Osteoporosis is common in adults with CF and more likely in those who are very thin, take little exercise and have chronic chest infection
Survival
Authors: Thomson Anne H , Harris Ann
Published: November 2023

Cystic fibrosis is a life-shortening disease. It is not possible to give an estimate of how long babies with CF born today will live but it is not unreasonable to expect them to live into their 40s or 50s. Life for a baby born today is very different from 30 years ago in all sorts of ways including treatment for cystic fibrosis. Specialist cystic fibrosis centres were few and far between then; there was no surveillance with regular cough swabs, and antibiotics were less sophisticated. The importance of good nutrition was not understood and individuals were still on low-fat rather than high-fat diets. Pancreatic enzymes were not coated to protect them from stomach acid, and other drugs such as nebulized antibiotics and DNase were not available.
Subrogation
Authors: Mitchell Charles , Watterson Stephen
Published: November 2023

Subrogation: Law and Practice provides a clear and accessible account of subrogation, explaining when claimants are entitled to the remedy, how they should formulate their claims, and what practical difficulties they might encounter when attempting to enforce their subrogation rights. Although subrogation is a remedy that is frequently claimed in Chancery and commercial practice, the reasons why it is awarded and the way it works can often be misunderstood. In this text authors aim to present the subject in clear and simple terms through a structure that is readily accessible and of benefit to practitioners. Following an introductory overview, and discussion of the rules which determine the discharge of obligations by payment, the book is divided into three parts. Part II considers subrogation to extinguished rights, and explains all the consequences of the House of Lords’ finding in Banque Financiere de la Cite v Parc (Battersea) Ltd that this form of subrogation is a remedy for unjust enrichment. The discussion examines the requirements that the defendant has been enriched, and that this enrichment has been gained at the claimant’s expense. It also considers the most important reasons why a court might find that a defendant’s enrichment is unjust, the defences which can be raised to a claim, the form of the remedy, and additional practical issues. Part III looks at insurers’ claims to be subrogated to their insureds’ subsisting rights, and carefully analyses the substantial body of case law on this subject which has built up over the past two hundred years. Finally, Part IV concerns the special insolvency rules which entitle claimants to acquire an insolvent party’s subsisting indemnity rights against a third party. The discussion takes in claims under the Third Parties (Rights against Insurers) Act 1930 and claims by the creditors of trustees to be indemnified out of the trust estate. This work explains the underlying principles and practical operation of subrogation and is a readily accessible guide for the busy professional.
Issues of Phonological Complexity Statistical Analysis of the Relationship between Syllable Structures, Segment Inventories, and Tone Contrasts
Authors: Maddieson Ian
Published: November 2023

The value of casting your net wide in order to catch patterns that are widespread across languages is often demonstrated in the work of John Ohala. For example, in his paper ‘‘Southern Bantu vs the world: The case of palatalization of labials’’ ( J. Ohala 1978), instances of palatalized bilabials becoming coronals are assembled from Slavic, Daic, Tibetan, Romance, Greek, Germanic, Nupoid, and Bantu language groups to show that this change is not an isolated oddity. Other examples could have been added from Austronesian (Maddieson 1989) and elsewhere. With the data assembled, it is then possible to interrogate the results to look for generalizations concerning the factors that favor the process and hence to gain insights into its cause. Such data-gathering and interpretation can be regarded as an ‘‘experiment’’ in the natural world.
A Perceptual Bridge Between Coronal and Dorsal /r/
Authors: Engstrand Olle , Frid, Johan , Lindblom Björn
Published: November 2023

The rhotics (r sounds) are known for having a particularly wide range of phonetic variation (Lindau 1985; Ladefoged and Maddieson 1996; Demolin 2001). Even a small sample of Swedish dialects was shown to contain several /r/ types: ‘‘front’’ (coronal) and ‘‘back’’ (dorsal) approximants, fricatives, trills, taps and flaps, and vocoids (Muminović and Engstrand 2001; but note that front versus back is an over-simplified dichotomy in view of the existence of complex types such as ‘‘bunched’’ /r/s; Delattre and Freeman 1968). These /r/s lack an invariant acoustic basis such as a lowered F3 (Lindau 1985). To be sure, they may be related in terms of a Wittgensteinian family resemblance (Lindau 1985), but this metaphor fails to delimit the category as such. However, all /r/s occupy a liquid slot adjacent to the syllable nucleus ( Jespersen 1904).
What’s in CVC-like Things? Ways and Means to Look at Phonological Units Across Languages
Authors: Derwing Bruce L
Published: November 2023

Definitions matter. How one defines a problem, in fact, goes a long way in characterizing the nature of that problem, no matter how arbitrary the definition may be. A case in point is the classical dilemma about whether or not ‘‘a sound is produced’’ when a tree falls in the forest if there is no one around to hear it. Clearly, the answer to this question depends crucially on how one defines the term ‘‘sound’’ in the first place. If sound is defined as a physical construct (as ‘‘vibrations transmitted through a [physical] . . . medium’’; American Heritage Dictionary: 172), then, of course, a sound is always produced whenever a tree falls; but if sound is defined as a psychological construct (‘‘the sensation stimulated in the organs of hearing by such vibrations’’; loc. cit.), then it is critical that a living human (or other hearing creature) be present to appreciate the experience.
Your partnership
Authors: Empson Laura
Published: November 2023

All around us partnerships are dying. Whilst the partnership form of governance continues to thrive in the highly regulated and protected legal profession, its survival within other professional sectors is looking increasingly precarious. The legal profession is not immune to the pressures that other professions are experiencing, as Jack Gabarro argues in the Prologue (to this book), and lawyers would be foolish to take the ongoing health of the partnership form of governance for granted.
Your people
Authors: Wilkins David B
Published: November 2023

Discussions about diversity have become a staple of modern law firm life. This is easiest to see in the USA where there is a thriving industry consisting of organizations, consultants, marketers, and legal recruiters whose primary purpose is to advise law firms about how to achieve diversity and maximize its value (Wilkins 2004a). But diversity has become a prime topic of discussion for lawyers in other parts of the world as well. In Britain, for example, both the Bar Council and the Law Society recently published lengthy reports containing specific directives and policies designed to ensure equality and to promote diversity among their respective members (Bar Council 2004; Law Society 2004). At the same time, managing partners of law firms in the UK with global aspirations declare, in the words of Clifford Chance’s former senior partner, that ‘the question of culture is critical’ and affirm their intention ‘to create a genuinely multi-cultural firm’ (Clark 2000).
Incapacity: learning impaired, dementia, mental, and emotional disturbance
Authors: White Stuart M
Published: November 2023

Consent is a moral concept that reflects the respect given by society towards the autonomy of its citizens. In clinical practice, consent allows an autonomous patient to define and protect his or her own interests and to control bodily privacy(1). However, there is a large and increasing number of patients who do not possess the ability to make autonomous healthcare decisions, in that they lack the capacity to think, decide, and act on the basis of such thought, independently and without hindrance by others. Such patients are commonly encountered in anaesthetic and critical care practice—for example, the demented geriatric patient requiring operative fixation of a fractured neck of femur, the majority of interventions administered to intensive care patients, the semiconscious inebriate requiring anaesthesia for computed tomography of the head, followed by operative drainage of a traumatic intracerebral haemorrhage, and the emergency resuscitation and continuing care of a variety of medical, surgical, and obstetric patients. Yet adult patients who lack legal capacity still require health care, whether it is necessary to alleviate their condition or to prevent further deterioration. If incapacitated patients are not able to participate in directing their own treatment, of necessity it falls to others—usually doctors, occasionally judges or relatives—to make treatment decisions on the patients’ behalf. This requires that such proxy decision makers to refer to some putative but transparent set of values when deciding what is best for the patient. Te aim of this chapter is to describe what the common law is, with regard to medical decision-making on behalf of adults who lack capacity, and to describe how this has been superseded by statutory legislation in the form of the Mental Capacity Act 2005, brought in to further protect incapacitated patients, and enforced from October 1st 2007, in England and Wales.
Complement Clauses and Complementation Strategies in Typological Perspective
Authors: Dixon R M W
Published: November 2023

It seems that the majority of the world ‘s languages have complement clauses. But a sizeable number lack this grammatical construction. Such languages still do have some grammatical mechanism for stating what a proposition is which is seen, heard, believed, known, liked, etc. These mechanisms are called complementation strategies.
Raising the Stakes: Evidentiary Issues in Individual Claims Before the United Nations Compensation Commission
Authors: Singh Rajesh
Published: November 2023

In conventional commercial arbitration the applicable standard of proof is “a balance of probabilities,” as in many legal systems. In other words, the claimant, in order to succeed, has to satisfy the tribunal that his or her version of events “more likely than not” took place, and that he or she thereby incurred loss. While this may seem fair in the context of traditional commercial arbitrations, where there is a relative balance of information and resources between the parties (or mechanisms—for example, disclosure orders—to help compensate for an imbalance), this is much less likely to be the case in the context of mass claims tribunals arising out of armed conflict and civil unrest.
Summary assessment Of costs
Authors: Scott Katharine
Published: November 2023

Under the Civil Procedure Rules 1998 a court must carry out a summary assessment of costs in any trial or hearing that lasts one day or less. Practitioners who prepare for and represent clients in such hearings can greatly improve their client's chances of reducing their liability for costs, or enhancing the level of costs they can recover, if they are well-versed in the relevant costs law and procedure. This is a practical and portable guide which contains everything practitioners and judges need to know in order to conduct a summary assessment of costs in the County Court, or the High Court or the Court of Appeal. Arranged in a logical and accessible way, which enables reference at a glance, the book includes expert commentary and analysis on the most commonly arising issues, carefully selected appendices, and checklists aimed at the busy practitioner. The book is fully up-to-date to include the November 2005 reforms to CFA regulations. Examples of areas covered are: when summary assessments are appropriate, what order the parties should be asking for, the impact of Part 36 offers and the conduct of the parties, issues arising from the funding of the claim, and pointers on how to prepare, attack and defend a costs schedule. In addition to key statutory material and extracts from the Civil Procedure Rules 1998, the appendices include SCCO guideline rates for solicitors' and barristers' fees, and relevant solicitors' costs materials. Written and edited by leading specialists in costs law, Summary Assessment of Costs will help those preparing for and appearing at summary assessments to keep one step ahead of the opposition.
Introduction
Authors: Scott Katharine
Published: November 2023

It is now the general rule, as set out in the Civil Procedure Rules 1998 (CPR), that there should be a summary assessment of the costs at the end of any application or trial that has taken less than one day. This means that judges and practitioners who would not, prior to 1998, have had any dealings with costs, are now expected to be able to deal with the many legal arguments that can arise at such a hearing. Summary assessments are often difficult hearings to get right. There may be fairly complex arguments that one or both of the parties will want to address and very little time in which to do so. Practitioners often have to make difficult decisions about the way in which these arguments will be run, balancing up on the one hand the need to put before the judge all the relevant statutory material and supporting case law, while on the other hand avoiding the judge coming to the view that the issues are too difficult to be dealt with in the time allotted and that the whole matter should go off to detailed assessment. One of the effects of the rise in the number of Conditional Fee Agreements (CFAs) is that the costs of the winning party have significantly increased (as a result of being able to recover insurance premiums and uplifts from the losing party). It is not unusual for the costs of a fast track one-day trial to far exceed the damages. While parties have always been acutely aware of the issue of costs, it has become even more important that an advocate does his best for a client once the substantive claim has been won or lost.
Appeals
Authors: Nicholls Clive , Montgomery Clare , Knowles Julian B
Published: November 2023

One of the government’s principal criticisms of the EA 1989 was that it afforded the defend- ant a number of opportunities to challenge the decision to commit him. The government blamed extradition defendants’ appeals for what it saw as unnecessary delays in the extradition process. During the debate on the Bill’s Second Reading, the Minister of State set out the government’s case Our extradition arrangements are in urgent need of reform.
Extradition To International Criminal Tribunals
Authors: Nicholls Clive , Montgomery Clare , Knowles Julian B
Published: November 2023

The conflicts in the former Yugoslavia and the genocide in Rwanda in the 1990s led the United Nations to set up International Criminal Tribunals to try those accused of committing offences during the conflicts. Since the tribunals were established they have tried and convicted a large number of defendants of extremely serious crimes including murder, rape and torture. This chapter considers the UK domestic law which allows for the return to these tribunals of those found within the UK who are wanted for trial by the tribunals or who have been convicted of an offence by them. This chapter also considers the provisions of the International Criminal Court Act 2001 which permit return to the International Criminal Court.
Cross-Border Surveillance
Authors: Nicholls Clive , Montgomery Clare , Knowles Julian B
Published: November 2023

This chapter examines the provisions of the Regulation of Investigatory Powers Act 2000 and CICA 2003 which allow surveillance operations to be carried out in the UK by foreign police officers. Article 40 of the Schengen Convention provides that police officers keeping a person under surveillance in their own country because he is suspected of having committed an extraditable offence, may require neighbouring Schengen countries to assist in keeping the person under surveillance if he crosses the border into their territory. In the vast majority of cases such assistance will be requested in advance and, when the subject enters the UK, UK officers will take over the surveillance.
Product and Process Innovations: A Review of Organizational and Environmental Determinants
Authors: Damanpour Fariborz , Aravind Deepa
Published: November 2023

Empirical studies of the effects of organizational and environmental factors on product and process innovations are reviewed in this chapter. Our review shows that, for most determinants, the results across the studies are mixed and inconclusive. It also shows that most determinants do not differentiate be- tween product and process innovations; when they do, the difference is more of degree than of direction of the effect. These findings suggest that there may be contextual or methodological conditions under which the effects of the determinants can vary, or that product and process innovations are complementary, not distinct.
Building Innovation Capabilities: The Development of Design- Oriented Organizations
Authors: Hatchuel Armand , Lemasson, Pascal , Weil Benoit
Published: November 2023

Much has been written about innovation. Yet we still do not have a good understanding of how to develop innovation capabilities in organizations. In this chapter, we claim that this weakness of contemporary organizational re- search on innovation comes from the failure to recognize design theory as a prerequisite to such an understanding. We base this claim on two detailed qualitative studies of companies that showed the rare capability to innovate repeatedly over several decades. By using existing knowledge to create new products and existing products to create new knowledge, these companies constantly stimulated innovative design.
The Role of Education and Training Systems in Innovation
Authors: Finegold David
Published: November 2023

A country’s education and training (ET) system has always played a central role in shaping national patterns of innovation. In today’s more knowledge-driven global economy, as innovation has become a more vital factor in economic competition, the ET system has grown even more important. Through innovation, companies are able to command premium prices and provide high-wage jobs. More routine manufacturing and administrative work, including functions such as software programming and medical services that until recently were considered highly skilled labor, are rapidly moving to low-wage nations with a surplus of well-educated workers, like India and China (Dassani and Kenney 2004).
Introduction
Authors: Brock M G
Published: November 2023

In 1800 Oxford University was still an Anglican institution in an Anglican state, one of its foremost duties being to uphold Christian doctrines as they were taught by the Church of England. The momentous changes in examining for degrees which were initiated in that year were intended not to alter, but to confirm, its Anglican efficiency. The tenets of the Church were seen by the British government and the Tory politicians as an essential support for the existing order. Oxford was one of the main props in that system of support: the doubts about its loyalty which had troubled governments sixty or seventy years earlier were no more than a memory. Between 1800 and 1830 the Tories were, almost uninterruptedly, the governing party, and the University, where there was a large Tory majority, could be sure of official favour. The members of Oxford’s Convocation upheld St Paul’s statement (in The Epistle to the Romans 13. 1) that ‘the powers that be are ordained of God’. When congratulating the Prince Regent on the peace after Waterloo they undertook to ‘impress upon the youth committed to our care ... those Christian principles, which are the only sure foundation of public and private virtue, [and] in a more especial manner ... to inculcate obedience to civil authority, not merely as a social, but as a religious obligation’.
Antimicrobial Drugs
Authors: Greenwood David
Published: November 2023

Between 1935 and 1944 the field of microbiology, and by implication medicine as a whole, underwent dramatic advancement. The discovery of the extraordinary antibacterial properties of sulphonamides, penicillin, and streptomycin triggered a frantic hunt for more antimicrobial drugs that was to yield an abundant harvest in a very short space of time. By the early 1960s more than 50 antibacterial agents were available to the prescribing physician and, largely by a process of chemical modification of existing compounds, that number has more than tripled today. We have become so used to the ready availability of these relatively safe and highly effective ‘miracle drugs ‘ that it is now hard to grasp how they transformed the treatment of infection. This book documents the progress made from the first tentative search for an elusive ‘chemotherapy ‘ of infection in the early days of the twentieth century, to the development of effective antiviral agents for the management of HIV as the millennium drew to a close. It also offers a celebration of the individuals and groups that made this miracle happen, as well as examining the inexorable rise of the global pharmaceutical industry, and, most intriguingly, the essential input of luck. Infection still maintains a high profile in both medicine and the media, with the current threats of ‘superbugs ‘ such as MRSA acquired in hospital, and a potential resistance to antibiotics. This book tracks the history of antimicrobial drugs, a remarkable medical triumph that has provided doctors with an amazing armoury of safe and effective drugs that ensure that reversion to the helpless state of the fight against infection witnessed in the early 1900s is extremely unlikely. This timely compendium acknowledges the agents that have surely led to the relief of more human and animal suffering than any other class of drugs in the history of medical endeavour.
Fundamental Principles: The Nature of the Dispute
Authors: Warnock Mary , Macdonald Elisabeth
Published: November 2023

The issue before us is whether or not, for those who truly want it, assisted death should be a lawful option. Should they have a right to die at someone else ‘s hand, or with someone else ‘s active cooperation? If not, if there can be no circumstances in which it might be a duty deliberately to take the life of someone who, being perfectly sane and rational, is begging for death, then the argument is not contingent upon what might happen if the law were changed, but is absolute and a priori, independent of any particular facts. It is, in effect, the argument that human life is ‘sacred ‘. If, on the other hand, there are circumstances in which it seems morally right to help to end the life of someone who wants to die, then the question is whether the law could be so changed as to make this not only morally right, but legally permissible.
The Slippery Slope
Authors: Warnock Mary , Macdonald Elisabeth
Published: November 2023

In the last chapter we considered the a priori argument against any change in the law of murder that would permit euthanasia or assisted suicide. The sanctity of human life argument pur- ports to be absolute, depending for its force not on any consideration of consequences, but on the intrinsic wrongness of deliberately depriving someone of life. We argued that most people who claim to base their opposition on this argument, though they genuinely believe that human life is of the utmost value, nevertheless go on to reinforce it by pointing to the evil consequences to society that would follow from allowing any weakening of the taboo that forbids the deliberate taking of life.
Introduction
Authors: Darowski Dr Adam
Published: November 2023

Falls are common. Falls can be serious because they cause injuries. Something can always be done to diminish the chances of further falls or to make the environment safer. Falls can be divided into several groups: accidents, trips and slips falls due to an illness causing weakness or unsteadiness falls due to an innate tendency to fall falls due to faintness or loss of consciousness. Commonly, any given individual will fall into more than one of these categories, and usually there are multiple causes for falls.
Difficulty in walking and poor gait
Authors: Darowski Dr Adam
Published: November 2023

Walking becomes slower and less secure with age. Previous injuries, arthritis of joints, and muscular weakness cause difficulty walking in later life. Neurological disease—Parkinson’s disease, stroke, small vessel disease, and many others—causes abnormal gaits that lead to falls.Most falls occur on initially standing up, while walking, or on turning round. Those that occur immediately on getting out of a chair or bed are most commonly due to postural giddiness and unsteadiness (often due to drops in blood pressure (see Chapter 9)). Falls which occur while walking can have many causes. Many falls are the result of stumbles that occur while walking. A younger person would be able to prevent a fall because of quicker reflexes and stronger legs, but an older person falls. With increasing age the number of stumbles increases. The chance that any given stumble will become a fall is also greater. There are many reasons for this.
What is the role of falls groups and exercise classes?
Authors: Darowski Dr Adam
Published: November 2023

Falls groups and exercise classes should follow a full medical assessment, as there may be a medical cause for the falls. Often the diagnosis and treatment of a medical problem, or a change in medication, is all that is needed to prevent further falls. Even in such cases, falls groups may be helpful in restoring confidence. Balance exercises are concerned with: regaining control of the centre of gravity training the senses by reducing the input from other senses, forcing the use of the one that is being trained training the ankle, the hip, and step strategies changing the walking pattern improving strength and stamina improving confidence.Falling affects people in different ways. There are many different potential causes of falls, and for most people there are several contributory factors. Falls groups are one way of handling this large number of people, who each have different problems. However, although their problems will not be the same, there are likely to be common themes.
How can your world be made safer?
Authors: Darowski Dr Adam
Published: November 2023

Causes of falls are divided into intrinsic and extrinsic factors.? Alarm systems are vital for those who fall. Even those who can usually get themselves up may need help if they are injured by the fall. Certain actions are typically associated with falls—getting up at night, using the bathroom and kitchen, crossing the road, and anything that involves turning round present a significant risk. To prevent falls in the home requires an awareness of falls risk, and a willingness to change behaviour to do things more safely. Many things can be done differently in and around the house to increase safety. An occupational therapist can assess falls hazards at home, and recommend changes in behaviour and equipment that will diminish the risk of falls.What is needed to maintain safety at home will be different for every individual, but there are things that older people tend to have in common, and changes that can be made which are of general benefit.
What should I do if I fall?
Authors: Darowski Dr Adam
Published: November 2023

If you fall and are unable to get up: summon help move to a soft surface keep moving keep warm try to get off the floor.Make sure you wear your pendant alarm at all times, and use it when you fall to summon help. If you fall over, you will probably feel a little shocked or shaken. Take some slow deep breaths, try to stay calm, and plan what action to take.If you are hurt or unable to get up
Unravelling the Role of the Pancreas
Authors: Tattersall Robert
Published: November 2023

In the early nineteenth century the standard way of finding out which organ was involved with a group of symptoms was opening the body after death. Thus most people who had wasted away and coughed up blood were found to have characteristic lesions in the lungs—the tubercles of phthisis or pulmonary tuberculosis. In this condition, using a stethoscope or percussing the chest with the fingers could predict the presence of cavities or consolidation in the lung in life. Another striking example of the value of correlating clinical and autopsy findings was the work of Thomas Addison of Guy’s Hospital, London, who in 1855 described a disease in which the sufferers became very tired and had a peculiar darkening of the skin. His first five patients with what became known as Addison’s disease all had changes in the adrenal glands, which had previously been thought to be vestigial structures.
VIII.Horizontal Instruments and Miscellaneous Issues
Authors: Ryland* Diane
Published: November 2023

:e Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) featured prominently in the survey year 2006. :e Aarhus Convention recognizes, inter alia, that increased public access to environmental information and its dissemination lead to a greater awareness of environmental matters, more effective participation by the public in environmental decision-making and, ultimately, to a better environment. Accordingly, legislation in 2006 set up a European pollutant release and transfer register as a tool for encouraging improvements in environmental