Re Guardian and News Media Ltd in HM Treasury v Mohammed Jabar Ahmed [2010] UKSC 1

WHAT’S IN A NAME?In this case the newly constituted Supreme Court adjudicated upon anonymity orders granted in respect of the appellants, who had been the subjects of asset-freezing orders imposed under anti-terrorism legislation. The complex set of facts gave the Court the opportunity to consider the influence of the competing rights under articles 8 and 10 of the European Convention on Human Rights (ECHR) upon the pressing issue of restrictions on reporting of publicly conducted legal proceedings.  The decision of the Court constitutes a reassertion of the importance of press freedom, underpinned by article 10, as an essential component of open justice

FEMINIST PERSPECTIVES ON TORT LAW

Janice Richardson and Erika Rackley (eds), Routledge 2012, ISBN 978-0415619202 Price £80.00 hbBecause it is the area of civil law with a distinctly human face, students often initially find tort law accessible; sometimes deceptively so. Early on, they are introduced to the importance of policy in the development of case law. Often this policy is not articulated, so a skill must be developed of reading between the lines, in order to discern the influence upon judicial decision-making of concerns such as those about the ‘floodgates’, or perhaps defensive practice. But additionally, both students, their teachers and users of the tort system, must be appraised that explicit assertions about ‘policy’ are premised upon much more fundamental and elusive assumptions about the way society does or should operate

Smith v Chief Constable of Sussex Police; [2008] UKHL; 50

WHO HAS FIRST CLAIM ON “THE LOYALTY OF THE LAW”?Smith v Chief Constable of the Sussex Police (hereafter Smith) was heard by the House of Lords at the same time as Chief Constable of the Hertfordshire Police v Van Colle and another because they had two uniting factors. First, they both concerned the recurring question of the ambit of police liability in the situation described by Lord Bingham thus: “…if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances?”2  Secondly, considering the cases together highlighted the wider issue of the relationship between decisions under the Human Rights Act 1998 (hereafter the HRA) and the development of the common law. The Law Lords embarked on a more extensive examination of these issues in Smith and thus that case will be the exclusive focus of this note.  In addition, the study of Smith raises questions regarding proposals for law reform as well as about judicial perceptions of policy priorities.

MORAL CRUSADES IN AN AGE OF MISTRUST: THE JIMMY SAVILE SCANDAL

Frank Furedi’s exposition of the Jimmy Savile scandal is a self-styled offer of a “sociologically informed explanation” of the drama, as it unfolded. Its publication date of 2013 is significant, because even a year is a long time in the dismal saga of child abuse revelations in 21st century Britain

Development of Prediction Models to Estimate 1-RM for Upper and Lower Body Exercises in Non-Resistance Trained Women

PURPOSE: The purpose of this investigation was to develop and validate a one-repetition maximum (1-RM) prediction model for the upper and the lower body in non-resistance trained women. METHODS: Sixty seven healthy, non-resistance trained women between the ages of 18 and 25 years volunteered for this investigation. The investigation was performed in 2 phases. During phase I, all subjects completed 2 experimental sessions. During the first session, subjects performed a bench press repetition to fatigue (RTF) test with 45 lb and 55 lb. Subjects also performed a leg press RTF with 175 lb and 215 lb. Additional variables that were measured were: body height (in.), body weight (lb), and sum of skinfolds (mm). During the second session, subjects performed a 1-RM bench press and a 1-RM leg press. Phase II of the experiment involved the development and validation of 1-RM prediction models for the bench press and the leg press exercise. RESULTS: A stepwise regression analysis was carried out to develop a 1-RM prediction model for the bench press exercise and for the leg press exercise. The initial set of predictor variables considered for the upper body prediction model were: RTF with the bench press, body height (in.), body weight (lb), and sum of skinfolds (mm). The variable selected by the stepwise regression analysis for inclusion in the bench press prediction model was RTF with 55 lb (r = 0.914). The model to predict 1-RM bench press was: Model I: 1-RM bench press = 56.199 + 1.94(RTF55). A paired samples t-test indicated that the difference between the mean measured and mean predicted 1-RM was not significant (p>.05). The correlation between the measured and the predicted 1-RM values for the bench press was r = 0.935. The initial set of predictor variables considered for the lower body prediction model were: RTF with the leg press, body height (in.), body weight (lb), and sum of skinfolds (mm). The variables selected by the stepwise regression analysis for inclusion in the leg press prediction model were RTF with 215 lb and body weight (lb) (r = 0.798). The model to predict 1-RM leg press was: Model II: 1-RM leg press = 145.099 + 2.752 (RTF215) + .618 (body weight). A paired samples t-test indicated that the difference between the mean measured and mean predicted 1-RM was not significant (p>.05). The correlation between the measured and the predicted 1-RM values for the leg press was r = 0.695. CONCLUSION: The models developed in this investigation can be used to estimate the upper and/or lower body 1-RM strength of non-resistance trained women. These models will be useful for coaches, personal trainers, and fitness professionals who wish to design strength-training programs to enhance performance and the health-fitness levels of recreationally active females

EDITORIAL

As the new Editors of the Denning Law Journal, we are proud to present the 2017 edition, which continues the tradition of the University of Buckingham’s Law School of commissioning and publishing the very best in legal scholarship from a variety of perspectives and across a broad range of subjects

Adult attachment and birth experience: importance of a secure base and safe haven during childbirth.

OBJECTIVE: Examine connections between mothers' adult attachment and subjective birth experience in the context of parity and mode of delivery. BACKGROUND: Research has established a clear connection between adult attachment and birth experience. This study extended previous research with an in-depth self-report attachment measure examining different dimensions of mothers' attachment representations and their relation to subjective birth experience.  Interactions between mode of delivery and parity were also considered. Method: Participants were 257 mothers who gave birth 4 days to 12 months prior to the study. Mothers' mean age was 30.5 years, 61% primiparas, and 26% delivered by caesarean.  Participants completed an online survey with the Birth Experience Questionnaire, the Reciprocal Attachment Questionnaire, and demographic information. RESULTS: Hierarchical moderated regression analyses showed direct effects from adult attachment dimensions to mothers' subjective birth experiences, specifically perceived availability, feared loss, separation protest, angry withdrawal, and compulsive careseeking. Interactions emerged for parity and/or mode of delivery for overall subjective birth experience, perceived control, perceived social support, and satisfaction. CONCLUSION: Adult attachment representations related to subjective birth experience, indicating that attachment figures serve as secure bases and safe havens for mothers during childbirth. These results have implications for practitioners and provide direction for future research.This research was supported by a Medical Humanities New Investigator 17 Award from the Wellcome Trust (Grant WT103343MA

Greening the curriculum

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Consumer vulnerability and complaint handling: challenges, opportunities and dispute system design

Effectively designed complaint handling systems play a key role in enabling vulnerable consumers to complain and obtain redress. This article examines current research into consumer vulnerability, highlighting its multidimensional and expansive nature. Contemporary understandings of consumer vulnerability recognize that the interaction between a wide range of market and consumer characteristics can combine to place any individual at risk of vulnerability. While this broad definition of consumer vulnerability reflects the complex reality of consumers’ experiences, it poses a key challenge for designers of complaint handling systems: how can they identify and respond to an issue which can potentially affect everyone? Drawing on current research and practice in the United Kingdom and Australia, the article analyses the impact of consumer vulnerability on third party dispute resolution schemes and considers the role these complaint handling organizations can play in supporting their complainants. Third party complaint handling organizations, including a range of Alternative Dispute Resolution services such as ombudsman organizations, can play a key role in increasing access to justice for vulnerable consumer groups and provide specific assistance for individual complainants during the process. It is an opportune time to review whether the needs of consumers at risk of vulnerability are being met within complaint processes and the extent to which third party complaint handlers support those who are most vulnerable to seek redress. Empowering vulnerable consumers to complain presents specific challenges. The article discusses the application of a new model of consumer dispute system design to show how complaint handling organizations can meet the needs of the most vulnerable consumers throughout the process

The Impact of Including Costs and Outcomes of Dementia in a Health Economic Model to Evaluate Lifestyle Interventions to Prevent Diabetes and Cardiovascular Disease.

OBJECTIVES: Economic evaluations of lifestyle interventions, which aim to prevent diabetes/cardiovascular disease (CVD), have not included dementia. Lifestyle interventions decrease dementia risk and extend life expectancy, leading to competing effects on health care costs. We aim to demonstrate the feasibility of including dementia in a public health cost-effectiveness analysis and quantify the overall impacts accounting for these competing effects. METHODS: The School for Public Health Research (SPHR) diabetes prevention model describes individuals' risk of type 2 diabetes, microvascular outcomes, CVD, congestive heart failure, cancer, osteoarthritis, depression, and mortality in England. In version 3.1, we adapted the model to include dementia using published data from primary care databases, health surveys, and trials of dementia to describe dementia incidence, diagnosis, and disease progression. We estimate the impact of dementia on lifetime costs and quality-adjusted life years (QALYs) gained of the National Health Service diabetes prevention program (NHS DPP) from an NHS/personal social services perspective with 3 scenarios: 1) no dementia, 2) dementia only, and 3) reduced dementia risk. Subgroup, parameter, and probabilistic sensitivity analyses were conducted. RESULTS: The lifetime cost savings of the NHS DPP per patient were £145 in the no-dementia scenario, £121 in the dementia-only scenario, and £167 in the reduced dementia risk scenario. The QALY gains increased by 0.0006 in dementia only and 0.0134 in reduced dementia risk. Dementia did not alter the recommendation that the NHS/DPP is cost-effective. CONCLUSIONS: Including dementia into a model of lifestyle interventions was feasible but did not change policy recommendations or modify health economic outcomes. The impact on health economic outcomes was largest where a direct impact on dementia incidence was assumed, particularly in elderly populations.National Institute for Health Research (NIHR) School for Public Health Research (SPHR). Grant Reference Number PD- SPH-201