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The transtheoretical model (TTM) has been applied to varying areas of physical health, e.g. diabetes. However, research into its applicability to psychotherapy is mixed. The TTM is applied through the University of Rhode Island Change Assessment (URICA). Investigating the utility of the URICA is needed to improve patient care and outcomes. This study aims to assess whether the URICA scores relate to patient outcomes; patient attendance; practitioner ratings of patient readiness, appropriateness, insight, motivation and potential for improvement; and to explore practitioner’s perspectives on the URICA.

Correlational methods were used to assess the relationship between the URICA and therapeutic outcome, attendance and practitioner-rated areas. Content analysis was used to analyse practitioner qualitative data.

The URICA did not correlate with either therapeutic outcome or attendance. A significant negative correlation was found between the URICA and practitioner-rated appropriateness of the referral. This means practitioners perceived individuals with lower URICA scores to be a more appropriate referral, despite the score indicating a reduced readiness to change. Qualitative categories included positive views, negative views, ambivalence and changes to measure and process. To conclude, the URICA does not explain a patient’s outcome or attendance. The URICA may not be appropriate to use in its current format in mental health services; therefore, assessing the TTM verbally may be more helpful.

This study provides research into suitability of using the URICA to assess the TTM and its applicability to attendance and outcome in psychological therapies.

In this study, the construct validity and effectiveness of a newly identified influence tactic, organizational appeal, is tested. Utilizing a sample of practicing professional accountants, study results show that organizational appeal is distinct from other influence tactics, is perceived to be used frequently by supervisors, and is effective at influencing subordinates. The organizational appeal influence tactic could be particularly useful in situations where accounting supervisors and managers use proactive tactics to influence others to complete tasks or make decisions; to influence outsiders (e.g., suppliers, clients, government agents) over whom they have little authority; and where other influence tactics are not effective or appropriate.

This article¹ is offered up in the spirit of what the High Kings of Gondor might call a weregild.² That is, I hope, in this article, to clear a debt: a debt, long overdue, much like that owed by the Armies of the Dead to Isildur’s heir, Aragorn son of Arathorn. I reference The Lord of the Rings: The Return of the King (Tolkien, 1994) because this article is, in the main, about Tolkien and his oeuvre as an astonishing instance of what might be called lex populi. But this article attempts more than just another cultural legal reading of a popular literary and cinematic phenomenon.³ What, in fact, it proposes is nothing less than a practical demonstration of what it means to read jurisprudentially. In so doing, I hope to repay some of the theoretical debt that jurisprudence (and law-and-literature) has incurred, and owes so clearly to literary criticism, cultural studies and Continental philosophy. For far too long jurisprudence has been content to absorb the lessons of these other disciplines’ versions of textual theory – of the play of the sign, the dissemination of meaning, the deconstruction of logos – without propounding its own topoi let alone interpretive paradigms. Such topoi, of course, jurisprudence has in abundance: in notions of a “higher justice”; in concepts of law’s connection with morality; and, especially, the law’s role in inaugurating “the social.”

The purpose of this paper is to examine relevant case law governing the failure and/or success of global or rolled‐up claims, where it is said to be impractical or impossible to demonstrate the links between certain causes of action and the monetary value to be attached to each. The paper proposes a theoretical framework to improve a claimant's prospects of success in advancing a global claim, not only in circumstances where it may be impractical or impossible to provide a breakdown but also where a cost benefit analysis concludes it is reasonable to do so.

The paper uses traditional doctrinal legal methodology to evaluate judicial statements on the merits of global claims from a number of jurisdictions. The paper also draws on key authorities from the realms of health and safety and professional negligence.

The cases demonstrate attempts by the court to recognise the problems faced by claimants at the end of a construction contract where their total costs exceed the agreed contract price. The comparative success or failure of a global claim depends on the judicial approach to a number of factors including: impossibility, impracticability, conduct of the claimant and defendant, balance between excessive particularity and basic information, the keeping of records, the costs of claim preparation and apportionment. There remains a significant risk of failure of a global claim but the risk can be reduced significantly provided the claimant conducts a defensible cost benefit analysis of the approach taken.

A global claim can be used more often provided the rationale behind its presentation forms a logical basis. The cost of litigating complex construction contracts can be reduced significantly if global claims can become the norm rather than the exception, provided the claimant conducts a cost benefit analysis and the court concludes the analysis is reasonable and defensible.

Traditional legal theory relies upon the proposition that the claimant must prove that to which he believes he is entitled to such an extent that the defendant's right to know the case it has to meet is satisfied. This paper adds value to the theory by proposing a radical strategy whereby a reasonable claimant can assist the court in finding a factual and logical basis for awarding the whole of a global claim and, where appropriate, by deduction in addition to the principle of apportionment, less than the whole.

This paper seeks to recommend a basic core collection of works by and about J.R.R. Tolkien for libraries by grade level.

The author draws on her experience as a Tolkien scholar and editor of one of the major journals in the field.

A basic collection should include some works beyond the well‐known Hobbit, The Lord of the Rings, and The Silmarillion.

The paper provides an ideal list for the library seeking to prepare for interest generated by the new Hobbit movie currently in production.

While there are other bibliographies on Tolkien available, particularly on fan and society web sites, this one is arranged by grade level and includes audio‐visual materials and recent scholarly and reference works, and is designed for library rather than personal use.

The success of mergers and acquisitions are contingent upon organizational operations, legal structures, and fiscal responsibilities. Each of these areas requires a proper mix of human capital – people – assigned to carry out the objectives and goals of the emerging entity. Within the general knowledge of Mergers and acquisitions (M&As), research focusing upon these aspects of human capital have been lacking. This chapter adds to the current knowledge of M&A human resources by establishing a framework that can direct future research.

Welwyn Hatfield Council v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin), Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2010] EWCA Civ 26 and Welwyn Hatfield Council v. Secretary of State for Communities and Local Government [2011] UKSC 15 (Beesley hereafter) and Fidler v. Secretary of State for Communities and Local Government [2010] EWHC 143 (Admin), Fidler v. Secretary of State for Communities and Local Government [2011] EWCA civ 1159 (Fidler hereafter) are two recent cases concerning deliberately concealed breaches of planning control. The defendants engaged in dishonest and misleading conduct, in an attempt to rely on a loophole within Section 171B of the Town and Country Planning Act 1990 (T&CPA). This study aims to critically analyse two solutions which were created to close the loophole; in addition, this study analyses various alternative remedies that have been suggested, and finally, whether the present law has been sufficient to remedy the situation.

The T&CPA is a key piece of legislation regulating planning controls; Section 171A-C provides the time limits for taking enforcement action against a breach of planning control. To achieve the above purpose, an evaluation of those provisions will be undertaken in detail. Subsequently, this study will analyse two solutions which were created to close the loophole; firstly, the Supreme Court (SC) decision (Welwyn Hatfield Borough Council v. Secretary of State for Communities and Local Government [2011] UKSC 15) and, secondly, the governments’ decision to amend the T&CPA without awaiting the SC’s decision[1].

This research concludes that the government should have awaited the SC’s decision before amending statute to prohibit reliance upon the expiration of time where there is an element of deliberate concealment. Additionally, this study suggests that the statutory amendments were not required in light of the SC’s solution in Beesley. As a result of the governments’ ill-considered decision, uncertainty has permeated through the conveyancing process, causing ambiguity, delays and additional expense in transactions at a time when a precarious property market needs anything but uncertainty.

The scope of this research is limited to deliberate concealment of breaches of planning control and the four-year enforcement period; whilst considering the consequences of the solutions proposed, this study does not provide a detailed overview of the planning system, but rather assumes prior knowledge.

This study offers a unique assessment of the law relating to the deliberate concealment of planning breaches and offers a thorough criticism of the law with recommendations for reform. Additionally, a variety of alternative solutions are considered. Both legal academics, planning professionals and those interested in planning law will find the paper a thought-provoking digest.

The purpose of this paper is to assess the views and experiences of mediators from different professional backgrounds practising in the construction industry. Previous research shows that the legal profession dominates construction mediation in both England and Wales.

The phenomenological approach was used to capture the lived experiences of the interviewees and gain insight into their views and practices. The data collection was by semi-structured interviews. The data was then analysed using software to establish themes.

The major difference in mediator practice discovered between the two groups is the use of the evaluative style by lawyer and facilitative style by non-lawyer mediators. Non-lawyer mediators strongly reported their criticisms of the evaluative style in mediation suggesting that it undermines the parties’ ability to self-determine their own dispute and reduces the level of satisfaction experienced by the parties in the process of mediation. Lawyer mediators supported the use of the evaluative style as an acceptable compromise on the parties’ self-determination and feelings of satisfaction in pursuit of achieving the goal of a settlement in mediation, which was significantly better than the escalation of stress and costs to the parties in the event that the dispute escalates to litigation. In addition, mandatory mediation, the role of advisors/advocates, governance and the future of mediation were explored.

The research is anticipated to be of particular benefit to parties considering referring a construction dispute to mediation.

When Sir William Mather becomes President of the Association of Colleges for Further and Higher Education in February, he will be assuming an office which was first occupied by his grandfather, The Right Honourable Sir William Mather PC, in 1895. Continuity—of which this is anexample—amongst people, policies and philosophies has strongly characterised the 80‐year history of the Association. R. L. Roberts, father of the present Honorary Treasurer, Brian Roberts, also served the Association for many years as Honorary Treasurer. He was in addition Chairman of the Council in 1930 and 1950, as was Brian in 1964. In the last thirty years the Association has had only three Honorary Secretaries—J. C. Jones, Eric Richardson, and myself—all three of whom, by rare coincidence, were present at the 1974 summer conference in Bournemouth.