Search results

This article explores the neglected issue of the overrepresentation in the child protection system of children from ethnic, cultural, religious, racial, and linguistic minorities. It focuses on the accommodation of children’s diverse backgrounds within the s 31(2) threshold and s1 “best interests” stages of intervention under the Children Act 1989. First, it introduces the ethnic child protection penalty as a new tool for capturing the complex nature of overrepresentation of these children. Second, it proposes a framework for understanding the judicial approach in higher court decisions on the current extent and nature of accommodation. Third, it employs the penalty concept to help explain why case law analysis reveals difficulties with the current factor-based approach, whereas empirical research suggests generally satisfactory accommodation in practice. It concludes by proposing a contextualized framework for decision-making in relation to child protection.

In a 1999 Court of Appeal decision it was held that s.47 of the Financial Services Act 1986 (the Act) did not create a new, wider duty of disclosure than that already existing at common law or in equity.

In English law a company may be responsible for wrongful acts or omissions in two ways. First, a corporation may be vicariously liable for the behaviour of its employees. The company, as a legal construct, is liable if employers who are natural persons would have been so liable. The acts (or omissions) and state of mind of these high‐level employees are imputed to the company. The company is not vicariously liable (ie for what others did) but personally or directly (ie for what it did). The acts of the senior officers were done as the company, which being artificial cannot perform actions or mental calculations. The second mode of liability is sometimes known as the identification or alter ego doctrine. One distinction between the two modes of criminal responsibility is immediately apparent. Under the first the company is liable for the conduct of its employees, however low in the corporate hierarchy. With regard to the second there is a distinction drawn between those who are the directing mind and will of the company and other individuals (cf. Tesco Supermarkets Ltd v Nattrass and Tesco Stores Ltd v Brent LBC. The distinction is often stated anthropomorphically as one between ‘hands’ and ‘brain’ and there is a growing jurisprudence concerned with which jobs in which companies fall within these categories.

This purpose of this paper is to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary.

This paper seeks to critically examine jurisprudentially the current judicial and academic scepticism that exists in some quarters with regard to compulsory mediation primarily from the context of England and Wales. In doing so, it seeks to respond to well-articulated and established concerns with regard to any compulsion in mediation as outlined by Hazel Genn among others as well as some senior members of the judiciary.

This paper argues that the worries concerning compulsory mediation are unnecessary as they are based on a narrow reading of Article 6 rights, one not shared by many European lawyers, in particular the view taken by them with regards to proportionality. It further argues that compulsory mediation can be an appropriate, proportionate method of dispute resolution in some cases recognising that mediation is not a bar per se to subsequent litigation.

Mediation is an important topic in contemporary law. The theoretical and jurisprudential aspects of mediation have as yet been underdeveloped. This paper is a contribution to this developing debate.

This article reviews the development over the last 20 years of the section 8 powers under the Children Act 1989. In particular, it examines residence, especially shared residence, contact, prohibited steps and specific issue orders. In respect of each order, the review compares the current position with what was originally intended and more generally anticipated. The article concludes that whereas prohibited steps and specific issue orders have broadly worked as expected and intended, residence orders and contact have not. Residence orders have been used to allocate parental responsibility, which was not intended, and shared care arrangements have become much more common than anticipated. Contrary to expectation, contact disputes have proved to be exceptionally problematic and there have been consequential reforms to deal with issues. Despite these developments the overall conclusion is that the section 8 orders have generally stood the test of time and should not be regarded as being beyond their ‘sell‐by’ date.

This paper aims to holistically reconcile internal and external customer satisfaction using probabilistic graphical models. The models are useful not only in the identification of the most sensitive factors for the creation of both internal and external customer satisfaction but also in the generation of improvement scenarios in a probabilistic way.

Standard Bayesian networks and object-oriented Bayesian networks are used to build probabilistic graphical models for internal and external customers. For each ward, the model is used to evaluate satisfaction drivers by category, and scenarios for the improvement of overall satisfaction variables are developed. A global model that is based on an object-oriented network is modularly built to provide a holistic view of internal and external satisfaction. The linkage is created by building a global index of internal and external satisfaction based on a linear combination. The model parameters are derived from survey data from an Italian hospital.

The results that were achieved with the Bayesian networks are consistent with the results of previous research, and they were obtained by using a partial least squares path modelling tool. The variable ‘Experience’ is the most relevant internal factor for the improvement of overall patient satisfaction. To improve overall employee satisfaction, the variable ‘Product/service results’ is the most important. Finally, for a given target of overall internal and external satisfaction, external satisfaction is more sensitive to improvement than internal satisfaction.

The novelty of the paper lies in the efforts to link internal and external satisfaction based on a probabilistic expert system that can generate improvement scenarios. From an academic viewpoint, this study moves the service profit chain theory (Heskett et al., 1994) forward by delivering operational guidelines for jointly managing the factors that affect internal and external customer satisfaction in service organizations using a holistic approach.

Britain's merchant navy dominated the international maritime trade in the 19th century. The strong ship owners' lobby imposed on the shippers the only choice to contract either under bills of lading drafted almost totally on the ship owners' terms or not to contract. The conflict between Britain and its rival the American merchant navy precipitated a movement for the use of model contracts of shipment (carriage) and towards standardisation of the liability of International liner carriers by legislative intervention. The bill of lading through its use in international trade gained the characteristic of being the document which incorporates the contractual terms. So, the orally agreed contract of carriage gave way to the contract of carriage in the form of a bill of lading.

The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three distinct aspects. The first will treat the comparatively new and evolving common law implied term in corporated into the contract of employment relating to the enterprise’s social responsibility of respect towards the employee. The second will analyse an other generically linked recent common law development in the field of the enterprise’s social responsibility of respect towards the employee, namely the implied over‐riding term. Thirdly, the novel and developing wider concept of corporate social responsibility will be addressed and assessed. Some concluding thoughts will follow.