British Case Research Articles

Corporate Social Responsibility and Corporate Liability for Environmental Damage

This chapter analyses recent developments in tort law, namely in the English tort of negligence, which point towards increased liability of parent companies for damage caused by their subsidiaries. In particular, it discusses the relevance of CSR and environmental self-regulation and best practices for parent liability; which has been discussed controversially in English case law. The chapter shows that CSR instruments play an important role with regard to the assumption of responsibility in the individual case, resulting in a duty of care towards, for example, neighbours of a factory. Moreover, it demonstrates their influence on the determination of the required standard of care when it comes to more general corporation-wide (or supply chain-wide) duties of care.

İNGİLİS DİLİNDƏ HAL KATEQORİYASINA BAXIŞ

The article deals with the notion of the Category of Case in English. Different definitions put forward by the scientists researching this field in English are analyzed, and it is pointed out that Common Case and Possessive Case are reflected by the opposition of 0/-‘s. After brief information about the history of category of Case in English, the use of morpheme “-‘s” and its peculiarities become focus of attention in the article. Key words: category, category of case, genitive case, common case, opposition, paradigm

Vaginal Rejuvenation: A Retrospective Review of Lasers and Radiofrequency Devices.

Vaginal rejuvenation is a topic of interest to multiple specialties, including dermatologists, plastic and reconstructive surgeons, urologists, and gynecologists. Evidence suggests that minimally invasive, energy-based devices-radiofrequency and laser therapy-are effective at vaginal tightening and decreasing symptoms of genitourinary syndrome of menopause (GSM) and/or vulvovaginal atrophy (VVA). A systematic review was completed using PubMed in November 2018 with search terms "vaginal" or "vagina" and "rejuvenation" or "tightening" or "laxity" or "radiofrequency" or "laser," as well as "genitourinary syndrome of menopause," "pelvic prolapse," "atrophic vaginitis," "vulvovaginal atrophy," "sexual function," "urinary incontinence," and "radiofrequency" or "laser." Inclusion criteria were articles written in English and clinical trials or case reports/series dealing with human subjects. We identified 59 studies (3,609 women) treated for vaginal rejuvenation using either radiofrequency or fractional ablative laser therapy. Studies report improvement in symptoms of GSM/VVA and sexual function, high patient satisfaction, and minor adverse events, including treatment-associated pain, swelling, or vaginal discharge. This review demonstrates radiofrequency and laser are efficacious for the treatment of vaginal laxity and/or atrophy. Further research needs to be completed to determine which specific pathologies can be treated, if maintenance treatment is necessary, and long-term safety concerns.

COVID-19 in pregnancy: the foetal perspective—a systematic review

ObjectiveWe aimed to conduct a systematic review of the available literature to determine the effects of confirmed cases of COVID-19 in pregnant women from the foetal perspective by estimation of...

A Systematic Review of Neurovascular Complications in Patients with Pseudoxanthoma Elasticum

Background: Pseudoxanthoma elasticum (PXE) is a rare, hereditary connective tissue disorder characterized by ectopic calcification of multiple organ systems. Cardiovascular complications secondary to accelerated atherosclerosis are well-documented in published literature; however, there is a paucity of studies that reviews serious neurovascular complications including CVA(cerebral vascular accident), TIA(Transient ischemic attack), and intracranial aneurysm development in PXE patients. Objective: We aim to review current literature reporting cases of serious ischemic and hemorrhagic neurovascular complications in PXE patients as of September 2020 and reexamine current guidelines on anticoagulation and antiplatelet therapy in PXE patients Methods: A search of the PubMed database limited to English language case reports using the key words “pseudoxanthoma elasticum”, “neuro*”, “cerebr*”, “CVA”, “TIA”, and “aneurysm” was performed. Results: A total of 67 cases of cerebral disease were reported; ranging from ages 2-71 years from 12 countries. The most common neurovascular complication seen was ischemic strokes (68.7%) followed by TIAs (20.8%), intracranial aneurysms (6.0%) and lastly hemorrhagic strokes (4.5%). Conclusions: PXE patients have a greater incidence of ischemic strokes compared to the general population. Clinicians should thus carefully weigh the benefits of anticoagulation therapy in patients with known cardiovascular disease against the risk of bleeding.

English relative clauses in a cross-Germanic perspective

The article talk examines the distribution of relativising strategies in English in a cross-Germanic perspective, arguing that English is quite unique among Germanic languages both regarding the number of available options and their distribution. The differences from other Germanic languages (both West Germanic and Scandinavian) are primarily due to the historical changes affecting the case and gender system in English more generally. The loss of case and gender on the original singular neuter relative pronoun facilitated its reanalysis as a complementiser. The effect of the case system can also be observed in properties that are not evidently related to case. Specifically, choice between the pronoun strategy and the complementiser strategy is known to show differences according to the Noun Phrase Accessibility Hierarchy. While English shows a subject vs. oblique distinction in this respect, matching its nominative/oblique case system, German dialects show a subject/direct object vs. oblique distinction, matching the nominative/accusative/oblique case setting in the language. The particular setting in English is thus not dependent on e.g. a single parameter but on various factors that are otherwise present in other Germanic languages as well, and it is ultimately the complex interplay of these factors that results in the particular setup.

Medical Tourism and the Best Interests of the Critically ill Child in the Era of Healthcare Globalisation

In this article, we examine emerging challenges to medical law arising from healthcare globalisation concerning disputes between parents and healthcare professionals in the care and treatment of critically ill children. We explore a series of issues emerging in English case law concerning children’s medical treatment that are signs of increasing globalisation. We argue that these interrelated issues present distinct challenges to healthcare economics, clinical practice, and the operation of the law. First, social media leverages the emotive aspects of cases; secondly, the Internet provides unfiltered information about novel treatments and access to crowdfunding to pay for them. Finally, the removal of barriers to global trade and travel allows child medical tourism to emerge as the nexus of these issues. These aspects of globalisation have implications for medicine and the law, yet child medical tourism has been little examined. We argue that it affects a range of interests, including children’s rights, parents’ rights as consumers, and the interests of society in communalised healthcare. Identifying putative solutions and a research agenda around these issues is important. While cases involving critically ill children are complex and emotionally fraught, the interconnectedness of these issues requires the law to engage and respond coherently to the impacts of healthcare globalisation.

Maternal lipid levels in pregnant women without complications in developing risk of large for gestational age newborns: a meta-analysis.

Background: Circulating into foetal circulation across the placental barrier, abnormal maternal serum lipids predispose neonates to metabolic dysfunction and thereafter affect the steroid metabolism and functions of extra-embryonic foetal tissues. Methods: A systematic review was conducted by searching PubMed-MEDLINE and the Cochrane library between January 2010 and January 2020. The included studies were English case control studies that described original data on at least one raw lipid measurement during pregnancy in healthy women who delivered large for gestational age (LGA) newborns and in healthy women with non-LGA newborns. The data extracted from 12 studies were pooled, and the weighted mean difference (WMD) in lipid levels was calculated using random effects models. A meta-analysis was performed to identify sources of heterogeneity and to describe the significant value of the collected studies. Results: Of 643 publications identified, a total of 12 met the inclusion criteria . Compared with women who had non-LGA newborns, those who had LGA newborns had significantly higher triglyceride (TG) levels (WMD = 0.28, 95% CI -0.02 to 0.54) and lower high density lipoprotein cholestrol (HDL-C) levels (WMD = 0.08, 95% CI -0.13 to -0.03), but not have significantly lower high-density lipoprotein cholesterol (LDL-C) levels. Moreover, the levels of total cholesterol, low-density lipoprotein cholesterol, and very low density lipoprotein cholesterol (VLDL-C) were inconsistent between both groups. Conclusions: High levels of TG and low levels of HDL-C could cause births of LGA newborns whereas maternal serum of TC, LDL-C and VLDL-C cannot be used as predictor of LGA.

A FROSTY CASE OF FACIAL FROSTBITE IN THE FACE OF LIQUID OXYGEN

SESSION TITLE: Medical Student/Resident Respiratory Care SESSION TYPE: Med Student/Res Case Rep Postr PRESENTED ON: October 18-21, 2020 INTRODUCTION: Long-term oxygen therapy (LTOT) is used by more than 1.5 million US adults and has been shown to both decrease mortality and increase quality of life in hypoxemic COPD. Many mechanical injuries involving LTOT are user directed and occur when a heat source ignites purified oxygen (O2), such as cigarettes. Here, we report the first English case of frostbite injury to the face due a malfunctioning liquid oxygen (LOx) canister. CASE PRESENTATION: Our patient was an 80-year-old female with a significant past medical history of COPD who presented to the emergency room with epistaxis and mucopurulent rhinorrhea after her nasal cannula (NC) was found frozen to her face. It was reported that LOx traveled up her NC. On physical exam, she had multiple second and third-degree burns on her nose, throat, lips, cheeks, and neck. She was placed on an open non-rebreather mask, and her facial frostbite was empirically treated with vancomycin and ampicillin-sulbactam for fourteen days to prevent cavernous sinus thrombosis. Otolaryngology was consulted to debride her wounds and open her nasal passages. A PEG tube was required to maintain her nutritional status. Towards the end of her fourteen-day hospital stay, her burns had shrunk and become more demarcated. However, the patient became febrile and complained of a painful headache. A CT of her head revealed acute sphenoid sinusitis, for which she was discharged on amoxicillin-clavulanic acid and doxycycline for an additional seven days. DISCUSSION: A cryogenic LOx tank consists of two vessels: an inner chamber where the LOx is kept cool by an insulated area around it from which air is removed, and an outer chamber which consists of a vaporizer that converts LOx into a gaseous state [1]. O2 is cooled to less than -183°C to achieve its liquid form for storage and transportation efficiency [1], as one liter of LOx offers 860 liters of gaseous O2. This large liquid-to-gas expansion ratio can generate an enormous amount of pressure. One case study describing frostbite injury due to a compressed gaseous O2 tank postulated that it was caused by pressure regulation failure, and showed that increasing amounts of pressure led to a significant decrease in temperature of the compressed air [1]. Similarly, we believe that our patient’s LOx pressure release system malfunctioned, driving a large outflow of unconverted LOx to penetrate the vapor chamber, enter her NC, and freeze her face. Unlike typical frostbite, burns involving LOx occur over seconds and are more likely to infiltrate underlying tissue compared to thermal burns. Removal of the LOx and rewarming as soon as possible should be done to prevent further damage [2]. CONCLUSIONS: The broad utilization of LTOT can invite extremely rare cases of hardware malfunction that may cause severe injury. Safety protocols and schedules should be strictly followed for refilling and handling O2 storage equipment. Reference #1: Jabbour, N., Heman-Ackah, S. E., Day, A. T., & Odland, R. (2011). Severe nasal frostbite injury from nasal cannula supplemental oxygen malfunction. American Journal of Otolaryngology, 32(4), 349–352. doi:10.1016/j.amjoto.2010.03.009 Reference #2: Uygur, F., Sever, C., & Noyan, N. (2009). Frostbite Burns Caused by Liquid Oxygen. Journal of Burn Care & Research, 30(2), 358–361. doi:10.1097/bcr.0b013e318198a769 DISCLOSURES: No relevant relationships by Olson Knight, source=Web Response No relevant relationships by munir shah, source=Web Response No relevant relationships by Parth Shah, source=Web Response No relevant relationships by Krupa Solanki, source=Web Response

The enduring insignificance of a school for its village: An English case study

Rural schools are culturally valued for what they bring to the local community but under-researched. The article explores the role of the school within the rural community using new ethnographic material. It applies Bourdieu's field theory to understand the nuances within one English village. The local conditions informed a distinctive economic and social history that inhibited strong school-community relations. This created a stasis or inertia that was difficult for the school alone to overcome. The blended gentrification created by the expansion of the village had in turn changed the character of the village. Bourdieu's notion of field illustrates this interplay between rural imaginaries, space, cultural arbitraries and capitals – and their combined impact upon the status of the school in its village. • The significance of rural schools for the local community is under-researched, despite the value placed on rural schooling. • Research evidence shows that not all schools so readily add value to their communities and this varies over time. • Two new characteristics can be identified as underpinning this relationship – stasis and the economic cycle. • Bourdieu’s field theory can be used to illustrate change and adjustment in rural-global relations.

The (de)legitimation of torture: rhetoric, shaming and narrative contestation in two British cases

Existing studies on democracies’ involvement in torture emphasise how governments have been able to circumvent the international anti-torture norm and shape public discourse on the issue through powerful rhetorical strategies of denial and exception. Less attention has been paid, however, to the rhetoric of opponents of torture and how it impacts on governments and security agencies. This article proposes a typology of four common arguments against torture, which make use variously of ethical, utilitarian and ‘shaming’ rhetoric. These arguments often take a narrative form and are extensively contested by governments. Drawing on the literature on rhetorical coercion, I argue that anti-torture narratives can play an important role in constraining democratic states and significantly reducing their perpetration of torture. Yet the multiplicity of narratives at play opens up opportunities for governments to accept some messages against torture while simultaneously contesting others in a way which enables them to continue their involvement in torture. I develop this argument through a comparative analysis of the role of torture in two British counterterrorism campaigns – against Irish republican terrorism in the 1970s and against jihadist violence after 9/11. Differences in the content and salience of the narratives advanced by critics of the government during the two time periods explain much about why the British government contested some arguments against torture, but accepted others. This variation helps to explain in turn why British security agencies carried out coercive interrogations on a wide scale during the 1970s, while their perpetration of torture was significantly reduced in the post-9/11 case.

Prepositions with CP and their implications for extended projections

AbstractIn some limited cases, English allows a particular preposition to combine with a certain kind of subordinate clause, as exemplified byin thatin “I take the proposal seriously, in that I loathe it”. In contrast, Norwegian systematically allows prepositions to combine with subordinate clauses (as inDet resulterte i at vi vant, literally “It resulted in that we won”). I argue that the English case should be handled as the subcategorization for a certain complement class by a particular lexical entry, while the Norwegian case indicates that the extended projection of clauses can continue up to the preposition. This highlights an important difference between lexical selection and extended projection, revealing a hitherto underappreciated source of parametric variation, and sheds light on several properties of extended projections as well as of prepositions. Specifically, the extended projections of N and V may “converge” at P, challenging the notion of extended projection as being confined to a single lexical category.

Ascertaining the Proper Law of an Arbitration Agreement: The Artificiality of Inferring Intention When There Is None

The common law choice of law principles for determining the proper law of an arbitration agreement previously thought to be settled by the English Court of Appeal’s decision in Sulamérica v. Enesa [2013] 1 W.L.R. 102 have now been thrown into disarray after a recent string of three judgments: starting with the Singapore Court of Appeal’s decision in BNA v. BNB [2019] S.G.C.A. 84, followed by two decisions from the English Court of Appeal in Kabab-Ji v. Kout Food Group [2020] EWCA Civ 6 and Enka Insaat Ve Sanayi A.S. v. OOO ‘Insurance Company Chubb’ [2020] EWCA Civ 574. This article undertakes a comparative analysis of English and Singapore case law and argues that the common law should take party autonomy more seriously by ascertaining whether the parties have a clear and real intent to choose a particular system of law to govern their arbitration agreement. The current reliance on presumptions or inferences of what the parties must have intended is in reality an artificial arrogation to judges and arbitrators on what ‘commercial’ sensibilities businessmen should be taken to have. In the absence of a clear and real intent, arbitrators and state signatories to the New York Convention ought to apply the law of the seat as the default choice of law rule in the New York Convention. governing law, proper law, arbitration agreement, choice of law, conflict of laws, Sulamérica, Kabab-Ji, Enka, BNA, separability, validation principle, Article V(1)(a), New York Convention.

O paradigma Cidade Jardim e o planejamento metropolitano em Londres (1898 - 1944)

As formas de planejamento metropolitano de maneira recorrente se inserem na esfera das utopias. Das primeiras experiências, como o paradigma cidade-jardim às condicionantes que se apresentam hoje, tem sido alvo de diversas pesquisas e análises. Contudo, do ponto de vista historiográfico, método utilizado nesta pesquisa, a circulação de algumas ideias e conceitos não foi tão explorada, entre eles o que convencionamos denominar planejamento metropolitano. Assim, o metropolitano tem sido estudado sob seus aspectos econômicos, sociais, demográficos, ambientais, entre outros, entretanto, como a ideia de planejamento nesta escala circulou e foi incorporado aos estudos e legislação, permanece um caso a ser aprofundado. Neste texto o objetivo é relacionar dito recorte de planejamento, sua origem e relação com à cidade jardim, se atendo ao caso britânico.

Majority Dictates and Minority Rights: ‘Oppression and Mismanagement’ Law and Practice in India – A Primer for International Business Lawyers

One of the foundational democratic principles of modern Company Law is that the majority shareholders of the company decide the company’s policy, and take internal management decisions, binding the minority, which are not usually interfered with by the company courts and tribunals. This was first judicially recognized and established in the famous English case of Foss v. Harbottle two centuries ago. Numerous exceptions have however also evolved from time to time to the Foss v. Harbottle rule. One such exception is ‘Oppression and Mismanagement’. And so, the statutory remedies for oppression of the members and mismanagement of the company assume much importance. However, the oppressed minority members cannot easily surmount the necessary statutory thresholds for availing these remedies. Bearing in mind the limiting considerations, this article scrutinizes the current Company Law and policy challenges in this realm in India, by pointedly analysing the key legal provisions in light of some important disputes and case law from India, which also rely on some English cases as well. The salient concluding results clearly and succinctly present the key legal aspects of the regulatory law and practice in India in this crucial area of Company Law, thus making this article an informative and analytical Primer on this area for International Business Lawyers. Shareholders, minority rights, oppression and mismanagement, Foss v. Harbottle

The Courts ‘Evaluation’ of Directors’ Business Judgment

What happens to company directors when they are sued in respect of adverse effects of their judgment? This unique and systematic empirical study of judgment at law about judgment in business combines social and administrative theorizing with legal scholarship to provide new insight into the relationship between company director authority and accountability at law. It contrasts entitative and performative approaches to thinking about judgment to research how judges act vis-à-vis the business judgment of directors. Analysis is set in the context of English and Welsh case law, using 130 cases supplemented by interviews with judges and legal practitioners. Study findings reveal directors being held to account for actions which have adverse outcomes, and though each case is unique there are patterns in the action and judgments associated with cases of liability and non-liability. The study thus provides understanding about discretion actually afforded to company directors when faced with a legal challenge to their action and effects. Within a context of concern about director accountability, the research has public, as well as theoretical significance. There are also implications for debating institutional relations between the law and business; arguments for enforcement and reform of directors duties; and education of directors in respect of their role and responsibilities.

Thrombolysis for Central Retinal Artery Occlusion in 2020: Time Is Vision!

Acute nonarteritic central retinal artery occlusion (CRAO) is an eye stroke with poor visual prognosis and no proven effective therapies. Given advances in acute stroke care, thrombolysis in CRAO merits critical re-examination. We review the evidence for intravenous (IV) and intra-arterial (IA) tissue plasminogen activator (tPA) in CRAO management. MEDLINE, Scopus, and Cochrane online databases were systematically searched from 1960 to present, for reports of acute IV or IA therapy with alteplase or tenecteplase in nonarteritic CRAO patients. English language case reports, case series, interventional studies, or randomized controlled trials were included. The study type, age and number of subjects, the regimen administered, the time since symptoms' onset, visual outcome, and safety reports were noted. Use of IV thrombolysis with alteplase was reported in 7 articles encompassing 111 patients, with 54% of them receiving IV tPA within 4.5 hours of symptom onset, and none developing symptomatic intracranial or ocular hemorrhage. Six studies described IA alteplase administration, with only 18 of a total of 134 patients (13.4%) treated within the first 6 hours after visual loss. The reported adverse events were minimal. Visual outcomes post-IV and IA thrombolysis were heterogeneously reported; however, most studies demonstrated benefit of the respective reperfusion therapies when administered very early. We found no reports of tenecteplase administration in CRAO. In 2020, nonarteritic CRAO patients should theoretically receive the same thrombolytic therapies, in the same time window, as patients with acute cerebral ischemia. Eye stroke and teleeye stroke code encounters must include an expert ophthalmologic evaluation to confirm the correct diagnosis and to evaluate for ocular signs that may help guide IV tPA administration or IA management. Future research should focus on developing feasible retinal penumbra imaging studies that, similar to cerebral tissue viability or perfusion imaging, can be incorporated into the thrombolysis decision-making algorithm.

Interrogating the discourses of ‘teaching excellence’ in higher education

Education policies can be understood as discursive strategies often used to foreground political ideologies and shape pedagogic practice. This chapter focuses on the ways in which the notion of ‘teaching excellence’ has received a renewed focus in the context of the introduction of a Teaching Excellence and Student Outcomes Framework for higher education in England. The study adopted a hybrid approach to Critical Discourse Analysis to explore the interplay of discourses underpinning teaching excellence in the context of a policy purporting to assess the standard of teaching in higher education. Drawing on the English case, textual data comprised a White Paper and two policy announcements outlining the introduction of the Teaching Excellence and Student Outcomes Framework alongside 22 written submissions to the ‘Assessing Quality in Higher Education’ inquiry. Findings revealed four competing discourses: quality enhancement, quality assurance, widening participation and graduate employability. A disjuncture between policy claims and institutional practice was highlighted, with discursive silences regarding access, participation and employability. It is argued that the performative culture generated by such a policy inadvertently encourages institutions to focus on accountability and reputational concerns at the expense of processes which reflect the broader value of establishing teaching excellence in higher education.

Chinese and British Hospitalised Patients with COVID-19-a Comparative Case Series Analysis.

The COVID-19 pandemic initially started in China then spread to Europe. It is not known whether COVID-19 affects patients differently across the two continents. We aimed to describe our cohort of patients admitted to a single British centre with COVID-19 in comparison to a Chinese cohort of similar size and admitted over a similar time period to Chinese centres. We present a comparison of 62 Chinese and 71 British cases hospitalised for COVID-19. Cases in both sites were confirmed by a positive RT-PCR of nasopharyngeal swabs. Comparison analysis highlighted some differences between both populations. The most striking difference is the significantly older age of the British population (72% of the British ≥ 66 years compared to only 3% of the Chinese patients, difference of 69%, 95% confidence interval (CI) 68.3% to 69.7%, respectively) and the associated significant premorbid conditions (85% of patients vs 32%, difference of 53%, 95% CI 52 to 54%, respectively). Gastrointestinal and general symptoms were more common clinical presentation in the British while respiratory symptoms were more prominent in the Chinese cohort. Mortality was significantly higher in the British cohort 14% compared to none in the Chinese cohort (difference of 14%, 95% CI 13.7 to 14.3%). We conclude that COVID-19 does present differently in these two cohorts, but the apparent differences in the clinical presentations could be explained by the inherent differences in the demographics and case mix between both countries.

The Role of Experts in the Covid-19 Pandemic and the Limits of Their Epistemic Authority in Democracy.

In the 2020 Covid-19 pandemic, medical experts (virologists, epidemiologists, public health scholars, and statisticians alike) have become instrumental in suggesting policies to counteract the spread of coronavirus. Given the dangerousness and the extent of the contagion, almost no one has questioned the suggestions that these experts have advised policymakers to implement. Quite often the latter explicitly sought experts' advice and justified unpopular measures (e.g., restricting people's freedom of movement) by referring to the epistemic authority attributed to experts. The main goal of this paper is to analyze the basis of this epistemic authority and the reasons why in this case it has not been challenged, contrary to the widespread tendency to devalue expertise that has been observed in recent years. In addition, in relation to the fact that experts' recommendations are generally technical and supposedly neutral, we note that in the COVID-19 crisis different experts have suggested different public health policies. We consider the British case of herd immunity and the US case of the exclusion of disabled people from medical care. These decisions have strong axiological implications and affect people profoundly in very sensitive domains. Another goal is, therefore, to argue that in such cases experts should justify their recommendations-which effectively become obligations-by the canons of public reason within the political process because when values are involved it is no longer just a matter of finding the “best technical solution,” but also of making discretionary choices that affect citizens and that cannot be imposed solely on the basis of epistemic authority.