What is the Law?

This is the text of the 2008 Robin Cooke Lecture delivered by Lord Bingham on Thursday 4 December 2008. The author argues that the rule of law dictates that the law should be accessible, intelligible, clear, and predicable. First, citizens must be able to find out without undue difficulty regarding any criminal punishments or liability. Secondly, if the civil law confers enforceable rights or obligations, it is important to know what those rights and obligations are. Thirdly, the successful conduct of trade, investment and business generally is promoted by a body of accessible legal rules governing the rights and obligations of the parties. The author then turns to judges and explores several issues for the nature of judgments. First, Lord Bingham asks who the judge is addressing when giving judgment. Secondly, the author explores the "essential ingredients" of a judgment. Thirdly, the author explores the qualities of good judgments. Finally, the judge asks whether multiple judgments in appellate courts are desirable. The author concludes that an undue willingness in a judge to innovate subverts the very principle that he described in the article and commends Lord Cooke for his role as a simplifier, clarifier, and an expounder of law

The Discretion of the Judge

The Discretion of the Judg

ADDRESS AT THE SERVICE OF THANKSGIVING FOR THE RT. HON. LORD DENNING, O.M

ADDRESS AT THE SERVICE OF THANKSGIVING FOR  THE RT. HON. LORD DENNING, O.

Offside goals and induced breaches of contract

An analysis of Global Resources Group Ltd v Mackay which explores the possibility of building links between the offside goals rule and nominate delict of inducing breach of contract

Increased population exposure to Amphan‐scale cyclones under future climates

International audienceAbstract Southern Asia experiences some of the most damaging climate events in the world, with loss of life from some cyclones in the hundreds of thousands. Despite this, research on climate extremes in the region is substantially lacking compared to other parts of the world. To understand the narrative of how an extreme event in the region may change in the future, we consider Super Cyclone Amphan, which made landfall in May 2020, bringing storm surges of 2–4 m to coastlines of India and Bangladesh. Using the latest CMIP6 climate model projections, coupled with storm surge, hydrological, and socio‐economic models, we consider how the population exposure to a storm surge of Amphan's scale changes in the future. We vary future sea level rise and population changes consistent with projections out to 2100, but keep other factors constant. Both India and Bangladesh will be negatively impacted, with India showing >200% increased exposure to extreme storm surge flooding (>3 m) under a high emissions scenario and Bangladesh showing an increase in exposure of >80% for low‐level flooding (>0.1 m). It is only when we follow a low‐emission scenario, consistent with the 2°C Paris Agreement Goal, that we see no real change in Bangladesh's storm surge exposure, mainly due to the population and climate signals cancelling each other out. For India, even with this low‐emission scenario, increases in flood exposure are still substantial (>50%). While here we attribute only the storm surge flooding component of the event to climate change, we highlight that tropical cyclones are multifaceted, and damages are often an integration of physical and social components. We recommend that future climate risk assessments explicitly account for potential compounding factors

Shoot and Root Traits Contribute to Drought Resistance in Recombinant Inbred Lines of MD 23–24 × SEA 5 of Common Bean

Drought is the major abiotic stress factor limiting yield of common bean (Phaseolus vulgaris L.) in smallholder systems in Latin America and eastern and southern Africa; where it is a main source of protein in the daily diet. Identification of shoot and root traits associated with drought resistance contributes to improving the process of designing bean genotypes adapted to drought. Field and greenhouse studies were conducted at the International Center for Tropical Agriculture (CIAT), Palmira, Colombia to determine the relationship between grain yield and different shoot and root traits using a recombinant inbred lines (RILs) population (MD23–24 × SEA 5) of common bean. The main objectives of this study were to identify: (i) specific shoot and root morpho-physiological traits that contribute to improved resistance to drought and that could be useful as selection criteria in breeding beans for drought resistance; and (ii) superior genotypes with desirable shoot and root traits that could serve as parents in breeding programs that are aimed at improving drought resistance. A set of 121 bean genotypes (111 RILs, 2 parents, 8 checks) belonging to the Mesoamerican gene pool and one cowpea variety were evaluated under field conditions with two levels of water supply (irrigated and rainfed) over three seasons. To complement field studies, a greenhouse study was conducted using plastic cylinders with soil inserted into PVC pipes, to determine the relationship between grain yield obtained under field conditions with different root traits measured under greenhouse conditions. Resistance to drought stress was positively associated with a deeper and vigorous root system, better shoot growth, and superior mobilization of photosynthates to pod and seed production. The drought resistant lines differed in their root characteristics, some of them with a vigorous and deeper root system while others with a moderate to shallow root system. Among the shoot traits measured, pod harvest index, and seed number per area could serve as useful selection criteria for assessing sink strength and for genetic improvement of drought resistance in common bean

The home literacy environment of school-aged children with autism spectrum disorders

For typically developing (TD) children, the home literacy environment (HLE) impacts reading competence, yet few studies have explored the HLE of children with autism spectrum disorders (ASD). We collected information about the HLE of children aged 7–13 with ASD and their TD peers via a parental questionnaire and examined whether there were any differences in home literacy practices. Subtle group differences emerged. Children with ASD and concomitant language disorder (autism language disorder [ALD]) were engaged in shared reading and reading discussion more frequently than were TD children and children with ASD and age-appropriate language skills (autism language normal [ALN]). However, both ALN and ALD children engaged in shared reading for a shorter duration than their TD peers. Across groups, frequency and duration of independent reading were positively associated with reading ability and attitude. Thus, home literacy practices appear to reflect child characteristics, and parents are well placed to facilitate their children's literacy development through encouragement and scaffolding

Determinants of recovery from post-COVID-19 dyspnoea: analysis of UK prospective cohorts of hospitalised COVID-19 patients and community-based controls

Background The risk factors for recovery from COVID-19 dyspnoea are poorly understood. We investigated determinants of recovery from dyspnoea in adults with COVID-19 and compared these to determinants of recovery from non-COVID-19 dyspnoea. Methods We used data from two prospective cohort studies: PHOSP-COVID (patients hospitalised between March 2020 and April 2021 with COVID-19) and COVIDENCE UK (community cohort studied over the same time period). PHOSP-COVID data were collected during hospitalisation and at 5-month and 1-year follow-up visits. COVIDENCE UK data were obtained through baseline and monthly online questionnaires. Dyspnoea was measured in both cohorts with the Medical Research Council Dyspnoea Scale. We used multivariable logistic regression to identify determinants associated with a reduction in dyspnoea between 5-month and 1-year follow-up. Findings We included 990 PHOSP-COVID and 3309 COVIDENCE UK participants. We observed higher odds of improvement between 5-month and 1-year follow-up among PHOSP-COVID participants who were younger (odds ratio 1.02 per year, 95% CI 1.01–1.03), male (1.54, 1.16–2.04), neither obese nor severely obese (1.82, 1.06–3.13 and 4.19, 2.14–8.19, respectively), had no pre-existing anxiety or depression (1.56, 1.09–2.22) or cardiovascular disease (1.33, 1.00–1.79), and shorter hospital admission (1.01 per day, 1.00–1.02). Similar associations were found in those recovering from non-COVID-19 dyspnoea, excluding age (and length of hospital admission). Interpretation Factors associated with dyspnoea recovery at 1-year post-discharge among patients hospitalised with COVID-19 were similar to those among community controls without COVID-19. Funding PHOSP-COVID is supported by a grant from the MRC-UK Research and Innovation and the Department of Health and Social Care through the National Institute for Health Research (NIHR) rapid response panel to tackle COVID-19. The views expressed in the publication are those of the author(s) and not necessarily those of the National Health Service (NHS), the NIHR or the Department of Health and Social Care. COVIDENCE UK is supported by the UK Research and Innovation, the National Institute for Health Research, and Barts Charity. The views expressed are those of the authors and not necessarily those of the funders