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This article argues that the resources and skills of military contractors were a crucial component of the war-making capacity of the British state in the mid-eighteenth century. Contractors used product knowledge, access to capital and credit, market intelligence, and personal and professional connections to perform contracts effectively, and by doing so contributed towards operational capability and combat readiness. Contracting not only reveals the diversity of the domestic economy but also the degree of connectivity between different sectors. Problems of scale, cost, and risk were overcome by harnessing and channelling broad expertise across different sectors. If modern states were highly innovative in fiscal-military terms, contractors were no less so in managing extensive supply operations. [ABSTRACT FROM AUTHOR]

The use of skill mix in medicine is now widespread, yet it appears that its use in dentistry is not as prominent. Unlike doctors, dentists are required to mitigate the financial risk produced by their capital investment and ensure an adequate cash flow to cover their annual running costs. Examining the financial incentives for employing dental care professionals is therefore an important step to understand why dentistry appears to lag behind medicine in skill mix. It is also apposite, given the announcement of the coalition government to develop a new contract, which could introduce incentives for the use of dental care professionals in this way. The purpose of this short paper is to examine whether skill mix is profitable for general dental practices under the existing NHS contract in England. [ABSTRACT FROM AUTHOR]

Purpose – The purpose of this paper is to explain the final version of the Remuneration Code, published by the Financial Services Authority (FSA) in December 2010, which deals with remuneration in the financial services industry and incorporates requirements contained in the latest version of the European Union (EU) Capital Requirements Directive (CRD3). Design/methodology/approach – The paper gives an overview of the Code, focusing on its scope; the deadlines for compliance; the constraints on variable remuneration; the proportional application of the Code through the division of businesses covered by the Code into four tiers, each with different compliance requirements; and voiding provisions – i.e. provisions which render certain contractual terms on variable remuneration void if they breach Code requirements. It also summarizes the related and new obligations on disclosure of remuneration, which were published by the FSA at the same time as the Code. Findings – The overriding objective of the Code is to ensure that remuneration policies, procedures and practices do not undermine effective risk management. Practical implications – Now the details have been published and deadlines for compliance set, it is imperative that those in the financial services industry with UK operations, whether in the UK or elsewhere, start taking steps straightaway to ensure that their remuneration policies, practices and procedures are compliant with the new regulatory regime. Originality/value – The paper provides practical guidance from experienced securities lawyers. [ABSTRACT FROM AUTHOR]

Despite a plethora of urban regeneration interventions introduced by UK Governments over the last 20 years, variation remains in respect of levels of deprivation that exist within many urban areas. This paper focuses on the extent to which Local Area Agreements (LAAs) - as a new management tool for addressing local needs through collaborative working - are able to identify and respond to such variation in the UK. The research highlights that LAAs' 'management by targets' approach, where localities are required to select, negotiate and implement a relatively small number of centrally driven indicators and outcomes in order to improve performance, may not be fully conducive to addressing variations in levels of deprivation. In turn, the paper compares/contrasts similar approaches elsewhere in the world and, in so doing, draws out a number of wider 'lessons' for enhancing innovation and knowledge exchange in urban regeneration management. [ABSTRACT FROM AUTHOR]

Purpose — This paper is the sequel to the authors' earlier paper in this journal and aims to present the "future research" outlined in that paper. Design/methodology/approach — The approaches being employed by Welsh local authorities in commissioning home care from the independent sector are surveyed to see how a mixed economy of care is being implemented. The observed differences are analysed to see what can be learnt: for the benefit of public sector managers concerned with the development of commissioning practices. Semi-structured interviews have been performed with home care managers and commissioning officers in 13 (60 per cent) of the local, unitary authorities in Wales. Managers at independent home care providers have been interviewed also. The study has been ongoing since September 2004. For comparison, Barnet in England has been included because, unlike any Welsh authority, it has implemented 100 per cent outsourcing of home care. Croydon has been included as it has a good practice brokerage that has helped it to expand its provision from the independent sector. Findings — Great diversity is seen in the approaches adopted by the Welsh local authorities when commissioning home care from the independent sector. They differ in the proportion of home care that is commissioned from the independent sector, what is commissioned, the number of independent providers and the contractual arrangements. These features are used to develop a taxonomy of home care strategies that reveals high levels of diversity. It is seen that in Wales there has been less political drive and compulsion to outsource home care than in England, but the natural desire to reduce costs in the face of a growing need for home care is now driving outsourcing in Wales. Practical implications — This paper provides guidance to public sector managers in local authorities seeking best practice in the commissioning of home care from the independent sector. Originality/value — The existing literature contains little research into good practice in the commissioning of home care by local authorities from the independent sector. This paper is a timely contribution to addressing this shortfall. [ABSTRACT FROM AUTHOR]

The paper traces the development of the law relating to liquidated damages in Australia, New Zealand, England, and Singapore. The examination reveals that there is little difference because the courts in each jurisdiction have drawn on common precedents. The paper canvasses the distinction between a genuine pre-estimate of the likely damage and a penalty. Where a party has sought to guarantee compliance with a contract by use of a liquidated damages provision that coerces his or her contractual partner, there is a potential for the clause to be held to be void as a penalty. However, there is a developing reluctance on the part of the courts to interfere with the bargain made by the parties. The use of liquidated damages clauses adds to the predictability of the outcomes of construction contracts. The consequences of a liquidated damages provision being held to be void are discussed. The work concludes with an examination of situations where a party can elect to claim the damages assessed by common law principles in lieu of liquidated damages. [ABSTRACT FROM AUTHOR]

In 2005, the Law Commissions published a report reviewing unfair contracts legislation in the UK. Where the contract of employment was concerned, the Commissions were of the view that, in short, the status quo should remain. This paper seeks to appraise that position and considers whether an opportunity to bring forward beneficial reforms has been missed. The paper takes cognisance of the legislative scheme in New South Wales, which contains extensive powers where unfair contracts are concerned. It is suggested that, in the UK, the two key issues which need to be addressed are contracting-out and terms which may be substantively unfair. [ABSTRACT FROM AUTHOR]

Purpose — The purpose of this paper is to investigate value for money drivers in public private partnership (PPP) schemes. Design/methodology/approach — Three case studies of PPP construction projects in the UK were undertaken. Findings — PPP contracts commonly require the private agent to take responsibilities for the performance of the asset over a long term, at least for a significant part of its useful life, so that efficiencies arising from long term asset management can be obtained. The evidence is finely balanced on the usefulness of such initiatives in realizing efficiency gains, although there is clear benefit of risk transfer. Practical implications — The findings highlight the challenge of designing and implementing innovative partnership plans to manage public services more effectively. More emphasis needs to be placed on strategies for the transfer of risk, value for money drivers and project expertise for the successful conclusions of PPP contracts. Originality/value — The paper contributes to the new research area of public private partnerships. [ABSTRACT FROM AUTHOR]

This paper provides empirical evidence on how external governance mechanisms (e.g. the reporting and monitoring mandated under government funding contracts) and internal governance mechanisms (e.g. the adoption of corporate governance codes and traditional charity governance mechanisms) are related to the efficiency with which large UK charities meet their charitable spending objects. The evidence indicates that government funding and governance requirements, and traditional charity structures, are positively related to efficiency, whereas the adoption of business-type corporate governance codes is not. [ABSTRACT FROM AUTHOR]

Purpose -- This paper intends to respond the question that comes up to CRE managers when they consider the outsourcing technique for their CRE management and portfolio. The question, if it is possible to capture in the outsourcing contract sufficient flexibility to meet the changing needs of the business and add value, addresses the existing debate on flexibility arguing the suitability of the outsourcing structures for corporates portfolio. Design/methodology/approach -- The paper undertakes a methodological analysis, considering the main outsourcing deals in the UK and continental Europe and discussing the main theories on management outsourcing. Theories of flexibility of CRE portfolios are considered and the main characteristics of the new REPs discussed. Findings -- The paper finds that it is possible to capture in the outsourcing contract sufficient flexibility to meet the changing needs of the business and add value because a contract can capture all the flexibility desired and iit would add value as the properties would be used efficiently. Two outsourcing contracts in the UK are explained in two case studies, which support this. Originality/value -- The paper suggests methods to outsource CRE portfolios and obtain adequate flexibility to add value to shareholders. [ABSTRACT FROM AUTHOR]

Focuses on the Unfair Contract Terms Act 1977 (UCTA) and the Unfair Terms in Consumer Contracts Regulations (UTCCR) 1999, two legislations associated with unfair terms in Great Britain. Outline of the UCTA; Framework of the UTCCR; Implementation of the directives on providing a legislative regime.

This paper considers a recent U.K. legal dispute where a supplier sued a large organization, which had been a long-term customer, for breach of implied contract. It uses this case to discuss aspects of the nature of trust between organizations. The discussion encompasses a consideration of the distinction between trust and reliability; and, why the concept of blanket trust is not helpful. In conclusion, by contrasting business-to-business and personal relationships, the paper suggests that firms in their relationships with other institutions should never follow an unquestioning form of strong trust. [ABSTRACT FROM AUTHOR]

Oliver Williamson argues that the attributes of the employment contract, like intermediate transactions in general, are essentially driven by the specificity of assets. In the case of the organization of work it is the particular attributes of labour that determines the transaction costs of any given governance structure. The paper presents a stylized account of the transaction cost model of the efficient organization of work, stressing an underlying tension and ambiguity in the transaction cost framework. The paper exploits a unique dataset to test, for the first time with British data, Williamson's transaction cost predictions concerning the nature of employment contracts. Williamson tacitly assumes that asset specificity is exogenous in general. However, there is evidence in the literature that labour specificity is endogenous to employment contracts. The paper endeavours to demonstrate that there is empirical evidence to suggest that specialized labour is indeed endogenous in the transaction cost model. The major implication is that the organization of work cannot be considered as an example of the efficient organization of intermediate transactions. [ABSTRACT FROM AUTHOR]

This paper tests a discrete choice model on the mix of franchised and companyowned outlets (contractual heterogeneity) within the firm. This is often explained by the existing literature as due to heterogeneous characteristics of the outlets. However, correspondence between outlets and contracts characteristics is not often observed in reality. An explanation is proposed which suggests that contract mixing is driven by the contractual choice of both principal and agents, and that heterogeneous agents will choose contracts that match their characteristics. This hypothesis is supported by econometric results, based on outlet level microdata collected by means of a survey of UK firms. [ABSTRACT FROM AUTHOR]

The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice for consumers by offering simplified and clear suites of rights and corresponding remedies. In so doing, however, they affect core areas of private law rights and remedies, and may come to undermine or replace existing contractual principles and policies. The result could be an incoherent system of private law with different principles and rules applying to commercial and consumer transactions. Coherence in the law requires that lawyers abandon their traditional 'oil and water' attitudes to legislative schemes and confront directly the interactions between these two bodies of law. This paper engages in that enquiry by considering the relationship between the relatively new consumer redress provisions in the Consumer Protection from Unfair Trading Regulations 2008 and general law principles. [ABSTRACT FROM AUTHOR]

The growth of open access (OA) via the payment of article processing charges (APCs) in hybrid journals has been a key feature of the approach to OA in the UK. In response, Jisc Collections has been piloting 'offsetting agreements' that explicitly link subscription and APCs, seeking to reduce one as the other grows. However, offsetting agreements have become increasingly contentious with institutions, advocates and publishers. With reference to issues such as cost, administrative efficiency, transparency and the transition to open access, this paper provides an update on the status of UK negotiations, reflects on the challenges and opportunities presented by such agreements, and considers the implications for the path of future negotiations. [ABSTRACT FROM AUTHOR]

Our analysis makes use of three comparative European datasets to investigate the nature and meaning of working with 'No Contract' across a range of European societies in the mid-2010s. Using the EU Labour Force Survey (EU-LFS, 1995-2015), European Working Conditions Survey (EWCS, 1995-2015), and European Social Survey (ESS, 2002-2016) we show that the presence of workers with 'No Contract' is a significant feature of the labour market for a small number of Mediterranean countries, Ireland and the UK. We analyse how respondents describe their employment situation in different countries, given different possible contract categories; the subjective perception of their labour market insecurity by workers in various contract situations; and investigate how 'No Contract' working relates to other key variables in particular work and employment configurations. The paper reveals two primary patterns of 'No Contract' working. The first is related to 'temporary contract' work, with 'No Contract' employment serving as a related form of casualised work in the Mediterranean economies in particular. This also suggests that estimates of precarity are somewhat under-estimated in Mediterranean and Liberal economies in Europe. The second is present only in the UK and Ireland and represents a group of 'No Contract' workers primarily in market services, whose situation is best analysed as a particular, potentially more uncertain, form of permanent work. [ABSTRACT FROM AUTHOR]

An evaluative study of clinical supervision based on Proctor’s three function interactive model This paper reports on a study of the benefits reported from participation in clinical supervision by registered nurses (n=201) working in a large English community and mental health NHS Trust. It summarizes the emergent practical and theoretical ‘key ingredients’ of clinical supervision in the United Kingdom and argues that these provide a basis for generalizable research practice. The study is based on Proctor’s three function interactive model previously commended as a guide for supervisory practice and evaluation. Within this study, the three functions underpin instrument design but are also a primary focus of evaluation. The development of this instrument through semi- structured interviews with supervisors and supervisees is described. The study aims to assess and compare reported benefits in each of the three functions of accountability, skill development and support in order to examine the effects of contract use, length of experience of clinical supervision and length of service as a registered nurse on reported benefits by using non-parametric statistical analysis. The results indicate that reported benefits are experienced in almost equal proportion across each of these three functions. Statistical analysis indicates a significant positive correlation between experience of clinical supervision and its reported benefits. An inverse correlation is reported between length of service and overall benefits; however, no similar reduction over time against normative benefits was found. There was no relationship between contract use and reported benefits. Limitations of the study are discussed with reference to bias, interview transcription and overlap between the three functions. The paper concludes that nurses report clear benefits from clinical supervision in each of the three functions. This validates the three function interactive model and demonstrates that clinical supervision is used to critically examine and change nursing practice. The content and usage of contracts is identified as an aspect that merits further study. [ABSTRACT FROM AUTHOR]

Career research has focused on the changing structures of careers, mainly in the private sector. Recent literature on employment patterns in the public sector suggests that career structures are evolving, gradually moving away from their signature traditional structures to contemporary ones. However, empirical evidence of this change is scarce and inconclusive. This qualitative study examines the changes currently unfolding in the career structure of the civil service by eliciting the experiences and views of senior Foreign Offices (FOs) staff in four countries: 198 state ambassadors from the United States, the United Kingdom, Israel, and Denmark were interviewed about their career trajectories. The data were analyzed using a thematic analysis framework. The findings revealed a gradual breakdown of the structures and policies that support traditional careers, and the emergence of new principles and practices that characterize contemporary careers. However, as they were captured midway through the process of change, all FOs display a combination of traditional and contemporary career structures at this point. The findings offer unique insights into the drivers of this evolution and highlight some of the consequences. [ABSTRACT FROM AUTHOR]

The assertion of contractual rights may be defeated by the illegality defence, not because their creation is offensive to public policy but by reason of an illegality that 'taints' these rights. To date, no analytical framework has been developed for understanding how these tainting rules are connected to one another. The Tainting Illegality Framework ( TIF) presented in this paper seeks to fill this gap in current legal scholarship by exploring, first, the linkages between the rules by which contract rights are tainted and, secondly, the theoretical underpinnings that explain the existing tensions and that will continue to shape the law in this area. The suggested analytical approach enriches and increases the sophistication of the current approaches by considering how their application is shaped by considerations of proximity and the nature of the contaminating illegality. The framework recognises the value of the existing rules, and seeks to enrich the analytical approach by suggesting how their application can more transparently reflect the policy rationale for applying the illegality defence. [ABSTRACT FROM AUTHOR]

The article focuses on Bitcoins are to be regarded as a species of property and can be the subject of a proprietary injunction where coins associated with criminal conduct have been traced and not itself involved in the criminal actions. Topics inlcude the critical question before the court was whether cryptocurrency could be classed as property in English law, and the notion of property being very much a cornerstone of the legal system but is a concept which challenges precise definition.

The contract for difference (CfDs) auctions are the cornerstone of the UK electricity sector's decarbonization policy and were introduced as part of the Electricity Market Reform in 2013. The CfD auctions appear to have been successful in achieving low bids for low-carbon technologies, especially offshore wind power. However, the design of the auction increases the probability of speculative bidding, while the one-shot nature of the auction prevents bidders from learning and from utilizing information efficiently. We show that implementing a stringent non-delivery penalty to induce truth telling can improve deployment rate without increasing support costs. Moreover, by holding regularly scheduled (annual, for example) auctions, information on technology cost decreases can be better incorporated into the bids, lowering investor uncertainty and thus having a positive effect on support costs. • This paper analyses auctions for allocation of offshore wind CfD contract in the UK. • We argue that CfD auction design increases possibility of speculative bidding. • We show a stringent penalty improves deployment rate without raising support costs. • Also, by holding regular auctions investors' uncertainty and costs can be lowered. [ABSTRACT FROM AUTHOR]

The development of new technologies has different effects on the existing law. Smart contracts are one of the forms of the new technologies that questions the application of the traditional contract law on commercial transactions using smart contracts. Italy was among the first jurisdictions to recognize full legal validity and enforceability of smart contracts. However, this issue is still being discussed in the United Kingdom. In that context, the enforceability of contractual transactions concluded in the form of smart contracts represents one of the major legal questions. Moreover, the question is whether the existing English contract law needs to be modified in order to secure the enforceability of smart contracts. These issues will be accordingly examined in this paper with the aim to understand better the relationship of the traditional contract law, on the one side, and, smart contracts, on the other side. [ABSTRACT FROM AUTHOR]

Definition: The management of expectations in doctoral education relates to the negotiation and agreement of a learning contract denoting actions and initiatives between a student and a supervisor. A learning contract is a set of understandings of what things, actions and initiatives might reasonably be expected from whom, in the course of learning, where there is a natural power imbalance. This is important so that both scholarly and material progress can be made along all points of the doctoral learning experience, i.e., that learning is personalised, professional and productive towards an original contribution of knowledge. It is the evidencing of this continual learning process through research that is deemed to be doctoral at the final examination stage. A doctoral student is a learner on the highest degree pathway that is available at all UK universities. This typically results in a thesis, marking the end point of being supervised whereupon an assessment or examination takes place, which, in UK universities, is called a viva voce (Latin: the living voice). This is a verbal account or defence of the thesis document by the student, made to two or three examiners who comprise the examination team. In the UK, the viva examination is a private event, while elsewhere, for example, across Europe and North America, the examination can be a public event. A student on a doctoral programme usually has a period of registration that is 3 years full-time or 6 years part-time. Other terms that can be used interchangeably around doctoral supervision are candidate (for the student) and candidature, which is their period of registration. Supervisors also have roles denoted as the Director of Studies (DoS) or Principal Investigator (PI). The supervision team is led by a Director of Studies (or PI) who is often the most experienced scholar who teaches, guides and mentors their student's learning through the research they conduct. There are usually at least two supervisors in a supervision team in the UK, but there can be more as required depending upon the specialisms and topics being researched. Expectations formed by either the student or the supervisor(s) can be about physical resources to embark upon a passage of learning through a doctoral programme, or more typically, the discussion of expectations relates to managing the behaviours of students and supervisors in their respective roles. Managed expectations help to achieve a balance between the intellectual sharing of expertise by the supervisor with the self-directed initiatives for learning, which are taken by the student. The aim of managing expectations is to help a student move from dependence in their learning at the start of their programme to becoming an independent doctoral-level scholar who, once graduated as doctor, can act autonomously to conduct their own research, or even embark upon supervising others' research in the future. [ABSTRACT FROM AUTHOR]

The article presents papers on the organizational dynamics and challenges imposed on the ArticleReach Direct, a model multinational consortium. Topics discussed include function without a basic agreement and guidelines, libraries from Great Britain and Australia joined the consortium, and several members of the consortium including Michigan State University, University of Liverpool, England and University of Newcastle, England.

Since 1998 all maintained schools, academies and city technology colleges in England and Wales have been required to publish a home–school agreement. This documents the school’s responsibilities and the obligations of parents, and itemises the behaviour expected of pupils. Most of the parties sign it, from as young as four, although there is no legal obligation to do so. Interview evidence would suggest, however, that the agreement is not only asymmetrically constructed but can be read as part of a broader and worrying shift in cultural practice that augments law-based or ‘juridified’ forms of social management. It also suffers from deficits more commonly associated with contract theory insofar as it makes similar assumptions about human nature that misjudge and undervalue the qualities of moral obligation and trust. The paper argues that this creates problems for schools functionally dependent upon social integration through shared values and consensus formation. [ABSTRACT FROM PUBLISHER]

Copyright of Pandectele Române is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose – Part II of the Housing Grants, Construction and Regeneration Act 1996 introduced major changes to the way in which construction contracts are administered. The payment and adjudication provisions, in particular, have been well received by the United Kingdom construction industry and can be viewed as a success. However, avoidance tactics aimed at reducing liability for payment and discouraging payees away from adjudication became commonplace. The response from Parliament is contained in the Local Democracy, Economic Development and Construction Act 2009, which came into force on 1 October 2011. The purpose of this paper is to analyse stakeholders' first impressions of the new Act and disseminate the insights gained to the industry and policymakers. Design/methodology/approach – Following a review of the current and proposed legislation, industry views were collected by an electronically administered survey. The views of construction industry stakeholders on how the new Act will operate and its prospects of delivering the intended outcomes were ascertained and are presented. Findings – The survey findings indicate there is broad support for the original Act and for the amendments made in the new Act, tempered with pessimism about the likely inability of the new measures to address issues around entrenched industry practice. Avoidance and evasion of key terms is contemplated, for instance in relation to extending payment terms and drafting contracts in favour of the paying party. Originality/value – The conclusions reached call into question the extent to which improvement of this aspect of the construction industry can be achieved by statutory intervention alone, particularly in testing economic circumstances. [ABSTRACT FROM AUTHOR]

Abstract: The significant effects of competition, franchising and vertical separation of rail infrastructure from train operation on the level of transaction costs are often anecdotally described in the literature. Although it has been shown that franchising has an effect on total costs, there is very little empirical evidence on whether franchising has an impact on the level of transaction costs over time. One reason for this is, of course, the limited systematic work on the measurement of transaction costs in railways. This paper builds on recent work that applied a top-down approach to transaction cost measurement to identify the size of the transaction sector within rail firms in different EU countries. In cross-country comparison particularly, British train operators turned out to be associated with high levels of transaction costs. However, since the previous work focused on a single fiscal year it did not show any longitudinal effects within one institutional environment or country. Therefore, this paper focuses on British franchised passenger train operating firms and aims to reveal how the transaction sector within those firms has changed over the period 1996/1997–2007/2008 and whether the franchise contract details, such as contract length or the franchising regime, matter. It also aims to estimate the resulting changes in the level of transaction costs and their share in total operating costs for the first time. [Copyright &y& Elsevier]

Kvaerner Power has been awarded €60 million in contracts for power boilers for UPM''s paper mills in the UK and France. [Copyright &y& Elsevier]

Purpose - The purpose of this paper is to show the extent to which clients amend standard form contracts in practice, the locus of the amendments, and how contractors respond to the amendments when putting together a bid. Design/methodology/approach - Four live observational case studies were carried out in two of the top 20 UK construction firms. The whole process used to review the proposed terms and conditions of the contract was shadowed using participant observation, interview and documentary analysis. Findings - All four cases showed strong evidence of amendments relating mostly to payment and contractual aspects: 83 amendments in Case Study 1 (CSl), 80 in CS2, 15 in C53 and 29 in CS4. This comprised clauses that were modified (37 per cent), substituted (23 per cent), deleted (7 per cent) and new additions (33 per cent). Risks inherent in the amendments were mostly addressed through contractual rather than price mechanisms, to reflect commercial imperatives. "Qualifications" and "clarifications" were included in the tender submissions for post-tender negotiations. Thus, the amendments did not necessarily influence price. There was no evidence of a "standard-form contract" being used as such, although clients may draw on published "standard-form contracts" to derive the forms of contract actually used in practice. Practical implications - Contractors should pay attention to clauses relating to contractual and financial aspects when reviewing tender documents. Clients should draft equitable payment and contractual terms and conditions to reduce risk of dispute. Indeed, it is prudent for clients not to pass on inestimable risks. Originality/value - A better understanding of the extent and locus of amendments in standard form contracts, and how contractors respond, is provided. [ABSTRACT FROM AUTHOR]

Purpose - The purpose of this paper is to discuss the impact of contracts on general practise in the UK National Health Service. In particular, it is concerned with the response of practitioners to the apparent flexibilities offered in the new contract with its focus on outcomes rather than processes. Design/methodology/approach - Ethnographic studies of two general practices, using non-participant observation, documents and interviews with staff over a five-month period. Findings - Conclusions suggest that the new contracts, far from encouraging flexibility and responsiveness from general practitioners, have tended to strengthen bureaucratic forms in the way the contract is implemented. Originality/value - The new contract has introduced greater clarity regarding roles and responsibilities within practises. At the same time, when operating in financially tight conditions, the contract can make rationing more explicit. Decisions are made not in accordance with the targets but in light of local pressures and constraints, causing tensions between primary and tertiary care. [ABSTRACT FROM AUTHOR]

Private finance initiative (PFI) projects play an increasingly important role for both the United Kingdom government and the construction sector. It is still a relatively new form of procurement that requires a wide range of specialist advice during the bidding stage and in-depth knowledge of how the facility will perform in the long term. This paper investigates the level of participation in PFI projects in the United Kingdom, the opportunities available for the construction sector, the types of problems experienced, and the challenges for the future. It achieves this by analyzing the results of a questionnaire survey of a large number of client and construction organizations. The study finds that there is a wide gap in the level of PFI experience between client and construction organizations, affordability of PFI projects, and high bidding costs are key issues for client and construction organizations, respectively, and, given the nature of PFI projects, there is considerable scope for knowledge transfer both during the project and between different PFI projects. [ABSTRACT FROM AUTHOR]

Copyright of Canadian Journal of Civil Engineering is the property of Canadian Science Publishing and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: The 2003 revision of the UK GMS contract rewards general practices for performance against clinical quality indicators. Practices can exempt patients from treatment, and can receive maximum payment for less than full coverage of eligible patients. This paper aims to estimate the gap between the percentage of maximum incentive gained and the percentage of patients receiving indicated care (the pay-performance gap), and to estimate how much of the gap is attributable respectively to thresholds and to exception reporting. Methods: Analysis of Quality Outcomes Framework data in the National Primary Care Database and exception reporting data from the Information Centre from 8407 practices in England in 2005 -- 6. The main outcome measures were the gap between the percentage of maximum incentive gained and the percentage of patients receiving indicated care at the practice level, both for individual indicators and a combined composite score. An additional outcome was the percentage of that gap attributable respectively to exception reporting and maximum threshold targets set at less than 100%. Results: The mean pay-performance gap for the 65 aggregated clinical indicators was 13.3% (range 2.9% to 48%). 52% of this gap (6.9% of eligible patients) is attributable to thresholds being set at less than 100%, and 48% to patients being exception reported. The gap was greater than 25% in 9 indicators: beta blockers and cholesterol control in heart disease; cholesterol control in stroke; influenza immunization in asthma; blood pressure, sugar and cholesterol control in diabetes; seizures in epilepsy and treatment of hypertension. Conclusion: Threshold targets and exception reporting introduce an incentive ceiling, which substantially reduces the percentage of eligible patients that UK practices need to treat in order to receive maximum incentive payments for delivering that care. There are good clinical reasons for exception reporting, but after unsuitable patients have been exempted from treatment, there is no reason why all maximum thresholds should not be 100%, whilst retaining the current lower thresholds to provide incentives for lower performing practices. [ABSTRACT FROM AUTHOR]

Based on the methodology of Beaudry and DiNardo (1991) , this paper investigates the relative importance of the spot market and implicit contracts in the determination of British real wages. Empirical work is carried out separately for males and females with individual-level data taken from the New Earnings Survey Panel for the years 1976–2001. In contrast to previous studies that used North American data, the spot market is found to be more important than implicit contracts in determining real wages, although we do find some support for contracting effects. Further evidence is provided through the analysis of individual wage sequences. These suggest that the downwardly rigid wage sequences implied by implicit contracts with costless worker mobility are not prevalent in Britain. [ABSTRACT FROM AUTHOR]

When England won the World Cup in 1966, colour television had yet to be launched in the UK. Forty years later, all sixty-four games of the 2006 World Cup were broadcast to UK audiences in high definition quality and streamed live over broadband internet connections. This media revolution experienced over recent years has had a significant impact on sports sponsorship. New technologies allow access to a wider, yet more fragmented, audience who have greater than ever choice in terms of the means and time for consumption of sports content. As opportunities for distributing sports content have increased over the years, so have the opportunities for deriving sponsorship revenue from sports. In this paper, we will highlight some of the key recent technological developments and discuss the implications for sport sponsorship contracts. [ABSTRACT FROM AUTHOR]

UK firms going public have a choice between public offers and placings. This choice has important implications in terms of who bears the risk of the issue failing and of its costs. We find that firms with higher ex ante uncertainty choose a placing contract. Highly reputable sponsors and creditor screening serve as signals of firm quality, enabling such firms to choose a public offer. Large and multinational firms usually choose a public offer whereas there is some evidence that very small issues choose a placing. Finally, the ‘hotness’ of the IPO market increases the probability of placings. [ABSTRACT FROM AUTHOR]

This paper reports findings from a survey designed to estimate the numbers excluded from employment protection in the UK by the 'employee' test and to examine, through qualitative research, perceptions of the process of employment contracting. The survey evidence shows that approaching one third of the labour force does not fit neatly into the categories of 'employee' and 'self-employed'. The case studies suggest that there is a considerable disjunction between the assumptions of choice, control and risk which underlie the legal tests, and the perception of these issues by workers whose employment status is most in doubt. [ABSTRACT FROM AUTHOR]

Housing associations are the main providers of social housing within the UK and a major force in area regeneration initiatives. They also have a pivotal role to play in promoting equality of opportunity since a large proportion of their clients are from black and minority ethnic (BME) communities. However, few housing associations have recognized the potential of their purchasing power in terms of investment in construction and maintenance work in promoting equality or the business benefits of doing so. This paper presents the research findings of a study of housing associations' contracting practices in London. The study aimed to highlight and document current practices in the employment of BME contractors and consultants and identify the equal opportunity issues associated with their engagement. The findings suggest that there is a general lack of appreciation among housing associations of the importance of employing BME contractors and consultants from both an equal opportunity and a business perspective. In view of the Race Relations (Amendment) Act 2000 and government guidance on equal opportunities, the housing association sector has still to fully recognize its influential role in this area. [ABSTRACT FROM AUTHOR]

This paper examines the role that supplier diversity initiatives can play in opening up market opportunities for ethnic minority businesses (EMBs). EMBs have long been encouraged to diversify from inauspicious 'low value' niches; for some, the prospect of contracts with public and private sector organisations could serve as a means of facilitating this process. The advent of the Race Relations Amendment Act provides a legislative stimulus for diversity in public sector procurement. The 'corporate social responsibility' agenda, ostensibly embraced by many leading firms, provides a further impetus to re-assess diversity issues in respect of procurement. Case studies of two types of supplier diversity initiatives are drawn upon to inform this assessment: purchaser initiatives, from both the public and private sector; and intermediary or business-to-business brokerage type initiatives that attempt to facilitate the access of EMBs to potential contract opportunities. It is clear that such initiatives are at an early stage of development, and have to operate within legislative and political constraints. Nonetheless, there is still scope for the development of progressive measures; this is explored in the conclusion. [ABSTRACT FROM AUTHOR]

This paper considers the significance, as a matter both of political and of legal analysis, of the considerable and growing use in the UK of ostensibly contractual or contract-like arrangements between public authorities and members of society whose behaviour it is judged necessary to manage and control. We argue that these new arrangements often amount to instruments of illiberal policy, both in procedure and implementation. Drawing on a model of contractual relations found in social work policy, we assess the manifestation of contract-like features in recent government policy toward young offenders and workfare participants. We then provide a detailed application of the illiberal argument in respect of the contractual arrangement promoted in the UK Government's New Deal programme and Jobseekers' Allowance. We conclude that illiberal tendencies in these workfare schemes may have unintended but nonetheless significant brutalising effects upon both participants and administrators. [ABSTRACT FROM AUTHOR]

Abstract Promoting the development of a flourishing independent sector alongside good quality public services was a key objective of the community care reforms of the last decade. This paper charts some of the ways the independent domiciliary care sector is changing, as local authorities shift the balance of their provision toward independent sector providers and away from a reliance on in-house services. Two surveys of independent domiciliary care providers were carried out in 1995 and 1999. The aims of the studies were to describe the main features of provider organisations, such as size of business, client group and funding sources; to examine the nature of provider motivations and their past and future plans; to consider how local authorities manage the supply side of social care markets; and to examine the effects on providers of the development of the mixed economy. The first survey in 1995 was conducted in eight local authority areas, which by 1999 had increased to 11 because of the creation of three new unitary authorities. The findings are based on 261 postal surveys together with 111 interviews between the two studies. The research illustrates a domiciliary care market that is still relatively young with many small but growing businesses. There are considerable differences in the split between in-house and independent sector services in individual authorities and a common perception among independent providers that in-house services receive favourable treatment and conditions. Spot or call-off contracts continue to be the most common form of contract although there are moves toward greater levels of guaranteed service and more sophisticated patterns of contracting arrangements. There remains an ongoing need to share information between local authorities and independent providers so that good working relationships can develop with proven and competent providers. [ABSTRACT FROM AUTHOR]

Focuses on the lock-in agreements of manager and owners of business enterprises in Great Britain. Sale of shares of the investment bankers; Exploitation of private information about the firm; Relationship between ownership by venture capitalists and the fall in price.

The article suggests a way in which the psychological contract can be reconceptualized as a construct with multiple foci. It presents an argument for examining psychological contracts with importance placed on work groups. Previous conceptualizations of the psychological contract have almost exclusively focused on the single relationship between the employee and the organization. It is argued here, however, that the psychological contract is multifarious in nature and employees hold psychological contracts with all organizational constituents, the strength of which is determined by the proximity of the employee to the constituent. The most proximal relationships are generally those that exist in workgroups or teams and tend to be of a collective nature, rather than a single agreement between two individuals. This research paper draws a parallel between psychological contract theory and organizational commitment research. A number of researchers have found a significant and direct relationship between organizational commitment and psychological contracts however, the taken-for-granted assumptions provided by commitment theorists in terms of multiple constituencies has failed, until now, to be adopted in terms of psychological contract research.