Hastings-Bass: the true and the spurious

In his article in Trusts and Trustees, 2007, volume 13, No 7,Dakis Hagen discussed the increasingly widespread application,and the uncertain limits, of the ‘Unruly rule in Hastings-Bass’.In this article, co-editor Tony Molloy QC questions whetherwhat has come to be called the Rule in Hastings-Bass is anythingmore than a baseless snare.     

Innovation Agents in the Public Sector: Applying Champion and Promotor Theory to Explore Innovation in the Australian Public Service

Innovation is critical to organisational success and is a process steered, and potentially thwarted, by individuals. However, despite the importance of public sector innovation given the complexity of policy issues faced and the sector's specific contextual features, our understanding of innovation processes in government requires expansion. This study, using in‐depth case analyses of three Australian Public Service agencies, focuses on understanding the ‘human component’ of the innovation process by drawing on both innovation champion and promotor theories to explore, through the lens of organisational power, how multiple human agents progress public sector innovations. The results highlight the key, and often tandem, roles of individuals at multiple organisational levels who work to inspire and motivate others to progress an innovation (champions) and those with specific power bases who help overcome organisational barriers to innovation (promotors).     

Editorial

Were the Carmelite order to submit argument based on what itssisters do today, the result in Gilmour v Coats [1949] AC 426would be reversed: but not its finding that the efficacy ofprayer is non-justiciable. Sacramental efficacy is in the same boat. The theologians holdthat the ministers of the sacrament of matrimony are the couplethemselves. In times when the imbalance between the relativesocial positions of the sexes was extreme, the additional requirementof a priestly witness helped protect the weak position in whichthe wife might have found herself     

Dialectics and Transformation: Exploring the International Theory of E. H. Carr

This article examines the appeal of Carr's theory of international relations, which has enjoyed a longevity matched by few other bodies of work in a discipline characterised by faddism. I attribute Carr's success as an international theorist to his subtle use of philosophy, history, and political theory. Carr's holistic and interdisciplinary approach achieves its best expression in his employment of a critical dialectics of international theory in The Twenty Years' Crisis. The article does not confine itself to this element of Carr's writings as I also examine several works, such as The Future of Nations. Independence or Interdependence?, Conditions of Peace, and Nationalism and After,that consider the transformation of the international society. The latter works also employ a dialectic of power and morality in order to envision a world very different from the international system that Carr observed, an international order that approximates the emerging relations among states at the beginning of the twenty-first century. The article concludes with an examination of the role relativism played in Carr's theory scheme and the extent to which his dialectics of utopianism and realism is an important precursor of critical and postmodern theories of international relations.     

The health of health practitioners: remedial programs, regulation and the spectre of the law

The past two decades have seen an emerging awareness by regulators and some of the health professions about the phenomenon of the impaired practitioner. One response, particularly from the medical profession, has been to design various models of health programs principally to cater to psychiatrically unwell and substance dependent practitioners. However, the health conditions of practitioners are more diverse than these categories, particularly in the era of a stressed and ageing health care workforce. The potential exists for practitioners, their treaters and employers to be legally liable for foreseeable risks posed to patients and clients by practitioners whose health is problematic and/or deteriorating. There is much to be said for practitioners, health service administrators, educators and regulators dealing more effectively with all categories of impaired practitioners before the intervention of the civil law which may not be adequately informed or sophisticated and is most unlikely to be collaborative in its approach.     

Editorial

Professor Maitland liked to point out that the beginnings ofthe trust are discernible in a ‘slight but unbroken threadof cases, beginning while the Conquest is yet recent.’¹This forensic Methuselah retains its vitality today becausereams of contractual boilerplate cannot compete with the efficiencyof equity's default rules. These were famously expressed bythe great Chief Judge of the New York Court of Appeals—laterto become a Justice of the Supreme Court of the United States—BenjaminCardozo, in Meinhard v. Salmon, 249 NY 458, 464 (1928):

Manyforms of conduct permissible in a workaday world for those actingat arm's length, are     

Trusts & Trustees, 2009, Vol 15, No 1

From opposite sides of the legal profession, and from oppositesides of the world, we began 2008 as editorial greenhorns. Althoughreasonably long in the tooth as trust lawyers, and as text bookauthors, we have come to understand and appreciate a great dealthat previously we had taken for granted. In "Winston Churchill as Historian", in Louis (ed) Adventureswith Britannia: Personalities, Politics and Culture in Britain(1995), 47, Lord Blake recorded the great man as having describedcultured people as "merely the glittering scum which floatsupon the deep river of production." Most trust lawyers are     

Editorial

The changes to the UK tax rules on residence and domicile havebeen well publicized. Amongst other things, the new legislationremoves the shelter from capital gains tax which was previouslyprovided to UK non-domiciled individuals who benefited froman offshore trust. Some of the harsher (and more retrospective) aspects of thedraft legislation published in January have since been tempered.Offshore trusts will still have a role in planning for non-domiciliaries,not least because significant inheritance tax advantages remain.However, the way in which the process has been managed by theGovernment and HM Revenue & Customs leaves trustees andadvisers (still getting to grips with the 2006 changes to thetaxation of trusts) with little confidence that