International Construction Arbitration

2021 ◽  
pp. 589-613
Author(s):  
Peter Rees QC ◽  
David Brynmor Thomas QC ◽  
David Bateson ◽  
Samar Abbas Kazmi
Keyword(s):  
England And Wales ◽  
International Construction ◽  
Made In

This chapter explains that an arbitration agreement is an agreement to submit to arbitration present or future disputes. It analyses the Arbitration Act 1996, which governs all arbitrations in England and Wales and provides that an arbitration agreement is made in writing. It also discusses the special nature of an arbitration agreement as it is not discharged by death and survives the repudiation, frustration, or discharge of the agreement with which it is concerned. This chapter elaborates that the first step for any employer, contractor, or sub-contractor involved in a dispute is to check and see whether the dispute is governed by an arbitration agreement. It reviews the most common incorporation by reference, which is when parties agree that a particular set of standard conditions shall govern their agreement.

scholarly journals Policing, Crime and Mental Illness in England and Wales: Insights from the Literature

2017 ◽  
Vol 9 (2) ◽  
pp. 248
Author(s):  
Frank Kitt ◽  
Colin Rogers
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Criminal Justice ◽  
Justice System ◽  
Historical Context ◽  
Public Agencies ◽  
England And Wales ◽  
Police Service ◽  
High Profile ◽  
Made In

Mental illness pervades most societies, but it is only recently that its impact and effects upon individuals has slowly been recognised in England and Wales. When people suffering from this illness become involved with various public agencies, the way they are dealt with appears inconsistent and on occasions ends in tragedy. One agency that is constantly in contact with people who suffer mental health illness is the police service. Some high profile cases have clearly illustrated misunderstandings and the fact that the police are not generally equipped to deal with such individuals. This article considers a brief history and theoretical backcloth to police understanding and framing of mental illness in England and Wales, and explores the National Liaison and Diversion Model as an alternative to traditional police understanding and response. The article suggests that only by understanding the historical context, and literature, surrounding mental illness, can improvements be made in the criminal justice system as a whole and within the police service in particular.

Myths, Relationships and Coincidences: The New Problems of Sexual History

2003 ◽  
Vol 7 (2) ◽  
pp. 75-101 ◽  
Author(s):  
Mike Redmayne
Keyword(s):  
Third Parties ◽  
Sexual History ◽  
Complex Issue ◽  
England And Wales ◽  
Similar Fact ◽  
House Of Lords ◽  
Recent Developments ◽  
Rape Trials ◽  
The Law ◽  
Made In

This article reviews recent developments in the law governing the admissibility of sexual history evidence in England and Wales. After the decision of the House of Lords in R v A (No. 2), the law reflects a consensus that the complainant's sexual history with third parties is generally irrelevant to the issue of consent in rape trials. In the first part of this article, the justifications for this conclusion are questioned; it is suggested that the relevance of sexual history is a more complex issue than it is usually acknowledged to be. The second part of the article uses points made in the first to question the way in which concepts drawn from the law on similar fact evidence have been used as the admissibility framework for sexual history. Aspects of the decision in R v A are examined in detail.

Geographic Inequity in the Availability of Cognitive Behavioural Therapy in England and Wales: A 10-Year Update

2013 ◽  
Vol 42 (4) ◽  
pp. 497-501 ◽  
Author(s):  
Kate Cavanagh
Keyword(s):  
Cognitive Behavioural Therapy ◽  
Geographic Distribution ◽  
Fold Increase ◽  
Behavioural Therapy ◽  
England And Wales ◽  
Psychological Therapies ◽  
Cognitive Behavioural ◽  
Proxy Measure ◽  
Scarcity Of Resources ◽  
Made In

Background: Improving access to psychological therapies, and in particular cognitive behavioural therapy (CBT), has been a health service priority in England and Wales over the past decade. The delivery of CBT has been limited by a scarcity of resources and further limited by the inequitable geographic distribution of CBT therapists. Aims: The current study replicates and extends our previous analysis of the geography of British Association of Behavioural and Cognitive Psychotherapies (BABCP) membership (Shapiro, Cavanagh and Lomas, 2003) 10 years later in order to evaluate the progress made in improving equitable access to CBT. Method: This paper presents the absolute and comparative geographic distribution of current BABCP members, accredited CBT practitioners, and BABCP members who are nurses or clinical psychologists in England and Wales. Results: Efforts to improve the availability of CBT in England and Wales are reflected in the doubling of total membership, and a 4.5 fold increase in accredited membership over the last 10 years. There is evidence that the magnitude of inequity in the geographic availability of CBT therapists has decreased, but that inequity is still evident. Limitations of using BABCP membership data as a proxy measure of CBT availability are acknowledged. Conclusions: A five-fold discrepancy in accredited CBT practitioners between the best and least well-served population decile indicates ongoing “postcode availability” of the best qualified CBT practitioners. Possible strategies to improve the availability of CBT and remedy this inequity are discussed.

The records of the Charity Commissions a source for urban history

Urban History ◽  
1982 ◽  
Vol 9 ◽  
pp. 31-37 ◽  
Author(s):  
Kevin Grady
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
Urban History ◽  
Effective Utilization ◽  
England And Wales ◽  
The Public ◽  
Charity Commission ◽  
Public Record ◽  
Set Up ◽  
Made In

Officially sponsored investigation of charities has a long history encompassing the seventeenth-and eighteenth-century commissions issued under the Statutes of Charitable Uses of 1597 and 1601, and the brief national inquiry made for the Gilbert returns of 1787–8. It was in the nineteenth century, however, that the first detailed general surveys of English and Welsh charities were made. In August 1818, amidst revived interest in the more effective utilization of charitable funds, the Brougham Commission was appointed by parliament to examine the state of charitable trusts for educational purposes in England. With the renewal and widening of its powers in the following year, it spent almost two decades investigating charitable trusts of all types in England and Wales. The Commission expired in 1837 but, after lengthy vacillation, parliament set up a permanent body in 1853. Like its predecessor, this new commission began collecting up-to-date information about charitable trusts; a task it still performs today. The invaluable products of the two commissions are several voluminous series of reports and digests printed in Parliamentary Papers between 1819 and 1913, and extensive records dating from 1819 held by the Charity Commission and the Public Record Office. This article discusses these sources and their value to the urban historian.

scholarly journals The burden of parvovirus B19 infection in women of childbearing age in England and Wales

2007 ◽  
Vol 135 (8) ◽  
pp. 1354-1362 ◽  
Author(s):  
A. J. VYSE ◽  
N. J. ANDREWS ◽  
L. M. HESKETH ◽  
R. PEBODY
Keyword(s):  
Parvovirus B19 ◽  
Childbearing Age ◽  
Igg Antibody ◽  
England And Wales ◽  
Force Of Infection ◽  
Previous Infection ◽  
Parvovirus B19 Infection ◽  
Specific Igg ◽  
Age Range ◽  
Made In

SUMMARYA serological survey has been used to investigate the epidemiology of parvovirus B19 infection in England and Wales. A total of 2835 sera representing the complete age range were selected from a convenience collection obtained in 1996 that reflects the general population and screened for parvovirus B19-specific IgG. Antibody prevalence rose nonlinearly with age from 21% in those aged 1–4 years to >75% in adults aged ⩾45 years. Force-of-infection estimates were similar to those previously made in 1991, being highest in those aged <15 years. There was no association between evidence of previous infection and sex or region. Quantitatively strongest antibody responses were found in those aged 15–34 years and IgG levels in females were 28·5% higher than those found in males (P=0·004, 95% CI 8·2–52·6). Applying the upper 95% confidence interval for the force of infection to maternity estimates for England and Wales in 1996, parvovirus infection in pregnancy was estimated to occur on average in up to 1 in every 512 pregnancies each year. This represents 1257 maternal infections, causing up to an estimated 59 fetal deaths and 11 cases of hydrops fetalis annually. An analysis of all available laboratory-confirmed parvovirus infections found a mean of 944 infections per year in women aged 15–44 years highlighting a need for enhanced surveillance of maternal parvovirus B19 infection in England and Wales, including information on both pregnancy and outcome of pregnancy.

The Incidence of Cancer in Mental Hospital Patients and in the General Population of England and Wales Compared

1930 ◽  
Vol 76 (313) ◽  
pp. 223-244 ◽  
Keyword(s):  
General Population ◽  
England And Wales ◽  
Incidence Of Cancer ◽  
Unknown Factor ◽  
Hospital Patients ◽  
Great Divergence ◽  
The Subject ◽  
Male Sex ◽  
General Community ◽  
Made In

In the Sixty-fifth Report (1909) of the Commissioners in Lunacy for England and Wales, the following observations were made in respect of the incidence of cancer in mental hospitals and in the general population:“There remains one morbid condition which is responsible for an increasing number of deaths in the general community, from which it would almost appear as if the insane enjoyed some immunity. According to these figures, the proportion of deaths from “cancer,” i.e., from all forms of malignant disease, was in asylums 36.4 per 1,000, which may be compared with the ratio of 99.4 per 1,000 in the rest of the community, the disparity being more marked in the female than in the male sex. Although the mortality-rates per 1,000 living show a rate of 2.98 amongst the insane, and of 1.39 in the others, yet having regard to the great divergence between the general death-rates in the two series, the general cancer mortality in relation to that of the insane is not 1.39, but 8.11. Upon what can this difference depend? Is it because, as suggested in the analogous case of bronchitis, the asylum patient is protected from some unknown factor in the development of this disease; or has it to do with mode of living as well as of environment; or can it be that there is any antagonism between the conditions favourable to the development of cancer and those which conduce to insanity? At any rate, in view of these statistics, which seem valid and are confirmatory of those we published two years ago, a thorough investigation of the subject might not be without profit.”

Appeal Dismissed: English Courts on Foreign Judgments

2018 ◽  
Vol 26 (3) ◽  
pp. 477-480
Author(s):  
Luke Tattersall
Keyword(s):  
International Law ◽  
Fair Trial ◽  
Case Note ◽  
Appellate Court ◽  
Private International Law ◽  
England And Wales ◽  
Court Of Appeal ◽  
Made In

Case note considering a recent Court of Appeal authority regarding a claim brought in England by an Ethiopian party who was displeased with the outcome of litigation in Ethiopia. The Appellants were alleging that they had not received a fair trial in Ethiopia. The Court of Appeal have firmly stated that the English courts will not act as a supranational appellate court to decisions made in other jurisdictions. The case reaffirms the principle of comity within private international law and helps delineate the boundaries regarding cases brought in England and Wales which have no connection with the jurisdiction.

Property law v family law: resolving the problems of family property

Legal Studies ◽  
2003 ◽  
Vol 23 (4) ◽  
pp. 624-648 ◽  
Author(s):  
Joanna Miles
Keyword(s):  
Family Law ◽  
Property Law ◽  
Legal Regime ◽  
England And Wales ◽  
The Law ◽  
Law Commission ◽  
Made In

This paper compares ‘property law’ and ‘family law’ approaches to the problems associated with people who share homes, and examines some of the reform suggestions recently made in this field. The differences between property and family approaches are highlighted by recent endeavours of the Law Commission of England and Wales to devise a specifically ‘property law’ response to home-sharing, and those differences lie at the root of many of the difficulties that the Law Commission encountered in developing its abandoned scheme. It is worthwhile identifying and reflecting on those differences in order to ascertain the sort of home-sharers' problems with which each legal regime can cope, and the sort of solution that each is able to offer.

Redcliffe-Maud and its Implications

Tempo ◽  
1976 ◽  
pp. 2-5
Author(s):  
Bernard Jacobson
Keyword(s):  
Contemporary Music ◽  
Term Effect ◽  
England And Wales ◽  
The Arts ◽  
Vital Interest ◽  
To Receive ◽  
Made In ◽  
Chamber Orchestras

Apart from suggestions that such pioneering chamber orchestras as the Fires of London and the London Sinfonietta ought to receive regular grant-aid, and that ‘The Arts Council should initiate discussions between the four subsidised London orchestras and the BBC, in the light of recommendations made in the 1970 Peacock Report, of subsequent experience and of present and future shortage of funds available for music’, Lord Redcliffe-Maud's report on Support for the Arts in England and Wales contains few specific proposals calculated to have an immediate impact on the fortunes of contemporary music in Britain. It is not that sort of report. Properly enough, Maud has deployed his wide knowledge of and enthusiasm for particular arts fields not as a topic in itself, but as background and justification for a much broader consideration of how those arts are and ought to be supported in this country. So even if the immediate impact is limited, the longer-term effect of his views will be of vital interest for all of us who are concerned with the welfare of music today and of musicians today.

Comments on Kingman

English Today ◽  
1988 ◽  
Vol 4 (4) ◽  
pp. 23-26
Keyword(s):  
England And Wales ◽  
English Teaching ◽  
Made In

Following the excerpts from the Kingman Report on English teaching in England and Wales, we reproduce below extracts from comments made in editorials and by education correspondents in some of England's leading newspapers.

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