Brenda Barrett

What is the function of a university? Ivory tower or trade school for plumbers?

In 1967 an academic wrote: “AA university is not a trade school for the production of plumbers”. He wrote about legal education which in England, as in many other countries, has a tradition of recognising academic study and vocational training as separate stages on the route to professional qualification. Thirty years ago universities catered for a relatively small sector of the population; concentrating on undergraduate studies for students entering at the age of 18. Notes the evolution in universities since that time and debates the experience universities should be providing for students today. It will suggest that the failure to distinguish the various forms of higher education is detrimental to the degree and this in turn is harmful to universities. It will conclude by questioning whether Dearing is likely to provide appropriate solutions to the problems

When should there be liability for negligently causing psychiatric illness

Abstract In March 1998 the Law Commission for England and Wales published the outcome of its review of the law on compensation of those who suffer psychiatric illness as a result of the negligence of another person. The report is largely, although not solely, concerned with work-related illness. It also reviews the literature on the incidenc and forms of psychiatric illness. It makes recommendations for legislation. This paper critically summarizes the findings of the Commission and concludes with some comments. It questions the appropriateness of common law litigation for these kinds of injury. It also comments on whether the Commissions recommendations will be implemented by Parliament and the likely impact of the proposed revision of the law upon the incidence of litigation.

Whose Burden of Proof?R v Chargot Limited (t/a Contracts Services)[2008] UKHL 73 (HL)

R v Chargot Limited (t/a Contracts Services) came before the House of Lords after the Court of Appeal granted leave of appeal certifying points of law concerning the burden of proof on the prosecution in order to secure a conviction of an employer for breach of the general duties in ss 2(1) and 3(1) of the Health and Safety at Work etc Act 1974. Their Lordships also had to consider whether a senior manager had been fairly convicted under s 37(1) of the Act.