The standard of care and expert evidence of accepted practice in medical negligence

The topic of this article is the perennial issue in medical negligence litigation of various kinds of the extent to which it is a defence to a charge of lack of reasonable care that the defendant's conduct complied with accepted professional practice. Recent English interpretations of the controversial Bolam principle are considered, before the current approach of the courts and the Health and Disability Commissioner in New Zealand is described, using case illustrations. In New Zealand expert medical opinion of accepted practice is relevant to, but not conclusive of, the standard of care. There is, however, more freedom than pursuant to the current English approach for a decision-maker to reject expert opinion of accepted practice, because he or she is able to examine not just the logical defensibility of the practice but its overall reasonableness, including where the practice involved a risk assessment on a matter of clinical judgment. A decision to reject expert opinion of accepted practice is more readily made in areas which do not involve assessment, diagnosis and treatment.     

Access to justice for New Zealand health consumers

New Zealand has evolved a just, sensible and balanced system for addressing adverse medical events. This article considers potential changes to enhance justice for health consumers after an adverse event. Patient motivations for claiming are described. Changes to the complaints regime are considered with the aim of opening up access to the Human Rights Review Tribunal. Modest change only is advocated, to avoid the potential for the tribunal to become a de facto appeal mechanism. The preferable solution is greater access to Health and Disability Commissioner investigations. The second part of the article considers changes, some implemented already, to the compensation regime to make it more affordable. These will compromise the ability of the scheme to address the remedial interest of injured patients in compensation. Undesirable consequences are likely to occur across the system. Policy-makers need to consider the ramifications of change for the system as a whole.     

Lessons from Orgreave: Police Power and the Criminalization of Protest

In October 2016, the Home Secretary ruled out a public inquiry into the ‘Battle of Orgreave', arguing that ‘very few lessons’ could be learned from a review of practices of three decades ago. It was suggested that policing has undergone a progressive transformation since the 1984–5 miners’ strike, at political, legal, and operational levels. This article, in contrast, charts a significant expansion of state control over public protest since the strike, including a proliferation of public order offences and an extension of pre‐emptive policing powers. Whilst concerns have been raised about the impact of these developments on protest rights, there is an absence of socio‐legal research into the operation of public order powers in practice. In this article, I begin to fill this lacuna. Drawing on three empirical case‐studies of protesters’ experiences of arrest and the criminal justice process, I highlight the relevance of Orgreave for contemporary policing practice.     

The ‘Heathrow’ Case: Polycentricity,Legislation, and the Standard of Review

The recent Court of Appeal decision in the ‘Heathrow’ case, Plan B Earth v Secretary of State for Transport is an illustration of the challenges of reviewing polycentric and expert decision-making. The issues raised in the case concerning the Planning Act 2008 are an illustration of a court's expository role in such contexts. The Court tackled directly a series of interpretive questions concerning the Planning Act 2008's obligations regarding the consideration of climate change. The Habitats and Strategic Environmental Assessment (SEA) Directive issues raised in the appeal, in contrast, were presented with the question of the intensity of review foregrounded in legal argument. The Court therefore sought to articulate the ‘standard of review’ and to apply it to the government's decisions. This way of framing the issue unfortunately sidelined the courts’ expository role in relation to intepreting the Habitats and SEA Directives, leaving key provisions under-analysed.     

The Future of British Political History: Concluding Remarks

These concluding remarks reflect, in the light of the preceding articles, on two themes that recur throughout the collection. First, how can historians maintain an effective presence in public debate about politics in Britain? Second, how should political historians position themselves within the discipline, at a time when—it is suggested—political history is losing ground among British academic historians? It is argued here that, in each case, they should reflect on what they can most distinctively contribute, either as historians or as political historians; and that they should frame their interventions accordingly.     

The Polish underground organization Wolność i Niezawisłość and anti-Jewish pogroms, 1945–6

Tokarska-Bakir’s paper considers the deep-rooted cognitive habits among informers and reporters belonging to the Polish post-war, anti-Communist underground organization Wolno?? i Niezawis?o?? (Freedom and Independence) with regard to their perception of Polish Jews. The organization's archive is preserved in the National Archives in Krakow in Poland, and it thoroughly documents its members' social beliefs and fears. A theory of pogroms formulated by Senechal de la Roche understands the pogrom as an act of social control. Using the archival documents with that theory in mind, Tokarska-Bakir analyses Wolno?? i Niezawis?o?? in relation to the anti-Jewish pogroms that took place in Rzeszów, Krakow and Kielce in the years immediately following the Second World War.     

Challenges and lessons learnt from a sanitation project in rural Bolivia

The University of Arizona chapter of Engineers Without Borders USA has faced multiple challenges involving community participation in rural development, in the Andean community of Marquirivi, Bolivia, both in rural design and in community participation. Despite successful construction of a shower house in 2014, the EWB-USA UA team experience with community participation revealed the numerous complexities involved in engaging successfully with communities. The importance of previous aid in a community with development projects also emerged as critical in shaping actions. This article discusses lessons learnt and recommendations for rural infrastructure projects, as well as the EWB-USA model of sustainable development.