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Why Do Parents Let Their Kids Get Fat Free Essays

http://www. bbc. co. We will write a custom essay sample on Why Do Parents Let Their Kids Get Fat? or any similar topic only for you Order Now uk/news/magazine-19661085 Child obesity: Why do parents let their kids get fat? Obesity experts say parents are struggling with a multitude of problems when it comes to their child’s weight. They range from a lack of education about food, limited cooking skills and limited money to buy healthier food to longer working hours and marketing campaigns for junk food aimed at kids. Despite the rise in child obesity, experts say it’s wrong to just blame parents. They definitely have a responsibility, but the issue is much broader than simply blaming them,† says Paul Gately, professor of exercise and obesity at Leeds Metropolitan University. Many parents don’t realise their child is fat when it might be obvious to other people, he says. According to studies, 75% of parents underestimated the size of an overweight child, while 50% underestimated the size of an obese child. People also judge things on what they see around them on a daily basis, Gately says. Tracey admits she let her daughter’s weight creep up because â€Å"she was no bigger than some of her friends†. From a very early age children are very good at using a â€Å"whole set of behaviours† to get what they want, say experts. It’s easy to judge but nearly every parent in the land has caved in to some sort of emotion blackmail from their child, says Gately. It just might not be about food. Charlie Powell, campaigns director of the Children’s Food Campaign – an alliance of 150 education bodies, health groups and children’s charities – says it’s also hard for parents to stand up to the barrage of junk food advertising. A bit about food industry: There are huge hurdles they have to surmount to keep their children healthy. It’s stuff that wasn’t around in years gone by and food manufacturers are very sophisticated in the techniques they use to appeal to children. † A bit about media: A lot of it is because the images of obesity that we see in the media are people who are massive, 30 stone (190kg) or above. This is what a lot of people think of as being overweight, but they are extreme cases. It only takes a few extra pounds to actually be overweight. † A bit about social aspect: (bigger sizes are more tolerated bcause it’s not clear any more where is the limit of being fat; evwerybody around are bigger) â €Å"Two thirds of adults in the UK are now classified as overweight, so our perception of what we consider the average size to be has changed,† says Gately. How to cite Why Do Parents Let Their Kids Get Fat?, Essay examples

The Development of Efficient Market Hypothesis Essay Sample free essay sample

For many old ages. many economic sciences have been interested in developing and proving theoretical accounts of stock monetary value behavior. Market Efficiency is one of the of import fiscal theories on stock monetary value behaviour. Many basic fiscal theories. such as Capital Asset Pricing Model ( CAPM ) . Portfolio Theory. and Option Pricing Model are based on Market Efficiency. The Efficient Market Hypothesis ( EMH ) is an economic theory on the efficiency of capital markets. In the twelvemonth of 1970. the EMH was foremost officially formed by Fama in the article of â€Å"Efficient Capital Markets: Theory and experience Research† . which expounded Fama’s EMH. And this article is by and large believed to be the milepost on the survey of how stock market monetary value performs or reflects all sorts of available information and how stock markets monetary values quickly adjust to any new information expeditiously. EMH states that in an unfastened and efficient marke t. We will write a custom essay sample on The Development of Efficient Market Hypothesis Essay Sample or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page security monetary values should to the full reflect all available information and monetary values quickly harmonizing to any new information. As a consequence of efficient market. market monetary values are ever ‘correct’ for securities and reflect the best available estimation of their true intrinsic worth. Investors who agree with this statement tend to purchase index financess that track overall market public presentation. In his point. Fama believes that there are three different efficiency market patterns harmonizing to the grade on how security monetary values reflects the information. The three different efficiency market forms are: 1 ) weak signifier of efficiency market ( monetary value to the full reflects the historical information ) ; 2 ) semi-strong signifier of efficiency market ( monetary values to the full reflect all publically available information ) ; 3 ) strong signifier of efficiency market ( monetary values to the full reflect public information and non-public information ) . In short. the theory of the EMH is developed from the theory of random walks. Since the EMH was proposed by Fama. it had been applied to many fiscal patterns particularly in the research of information revelation of stock markets. Literature Review1. The Theory of Random Walks in Stock Monetary valuesThe theory of random walks is a fiscal theory which states that stock market monetary values change like a geometric random walk. This construct of random walks can be traced to Eugene F. Fama’s â€Å"The Behavior of Stock-Market Prices† published in the Journal of Business in 1965 before EMH was ab initio presented in 1970. As Fama claimed in his article. â€Å"The intent of this paper has been to prove through empirical observation the random-walk theoretical account of stock monetary value behavior. The theory of random walks in stock monetary values really involves two separate hypotheses: ( 1 ) consecutive monetary value alterations are independent. and ( 2 ) the monetary value alterations conform to some chance distribution. † ( FAMA 35 ) Fama believes that. consecutive monetary value alterations are independent and are consistent with the being of an â€Å"efficient† market for s ecurities. That is. if given the available information. a market where existent monetary values at every point in clip represents really good estimations of intrinsic values. If the stock monetary value does non follow a random walks theoretical account. so the investors can take advantage of the monetary value difference on the market to gain extra net incomes. Besides stock monetary value arrested development can besides promote investors to gain the difference. Fama presented strong and voluminous grounds in favour of the random walks theoretical account. After some trials in empirical research. he confirmed that stock monetary values follow a random walk hypothesis of this characteristic in the empirical analysis. In his trials of empirical research. Fama used Gaussian hypothesis and the Mandelbrot hypothesis. Although the Gaussian or normal distribution does non look to be an equal representation of distributions of stock monetary value alterations. the decision is that a stable Paretian distribution with characteristic advocate a less than 2 seems to suit the informations better than the normal distribution ( Fama 44 ) . It was concluded that the independency premise of the random theoretical accounts seems to be an equal description of world. Sometimes there are big fluctuations of the stock monetary value in the markets inconsistent with the random walk. Fama explained this phenomenon was chiefly due to the market information impact. a nd the market reflected inadequately or overly. but he believed that stock monetary value by a certain clip was traveling to set to the random walk tendency arrested development. 2. The Proposition of Fama’s EMHEMH is considered to be an of import and important milepost in the research on how stock market monetary value performs expeditiously. EMH grew out of the random walks hypothesis. In 1970. Fama published his the most of import article â€Å"Efficient capital markets: A reappraisal of theory and empirical work† in the Journal of Finance. which elaborated Fama’s efficient markets hypothesis theory. Since so. EMH has been popular and it was cited often by many fiscal theoreticians. What is the Efficient Market? This article gaves us some replies about how efficient the markets work. EMH indicates that stock monetary values to the full reflect all available informations and quickly adjust to any new informationin in an unfastened and efficient market. As a consequence. stock market monetary values ever reflect the best available estimation of the true intrinsic value of the stocks. Investors who agree with this statement tend to purcha se the index financess that track overall market public presentation. in position of happening deflected stocks. In Fama’s article. he creatively believed that there are three different efficiency markets harmonizing to the grade of how the security monetary values reflect the relevant information subsets. The three different efficiency market forms were: 1 ) weak signifier of efficiency market ; 2 ) semi-strong signifier of efficiency market ; 3 ) strong signifier of efficiency market. Weak signifier of efficiency market: If stock monetary values to the full reflect any information contained in the past monetary value. the market is weak signifier of efficiency market. Stock monetary values basically follow the random walk hypothesis. so it can’t be predicted with the analysis of monetary value history. Therefore. proficient analysis can’t be used to foretell the stock monetary value and crush a market. Semi-strong signifier of efficiency market: If monetary values to the full reflect all available public information—past monetary values. economic intelligence. net incomes studies. etc. the market is semi-strong signifier of efficiency market. All the public informations are calculated into a stock’s current monetary value. Trials of semi-strong efficiency are those that study stock monetary value motions following proclamations. such as stock splits or net incomes proclamations. And neither cardinal analysis nor proficient analysis can be used to accomplish inordinate additions. Strong signifier of efficiency market: If stock monetary values to the full reflect all public and privileged informations. the market has strong efficiency. Privileged informations available. even insider informations available couldn’t give an investor an advantage. In an stron g signifier of efficiency market. no 1 could gain above-average returns without accepting above-average hazards. 3. Trials and Criticisms of EMHAlthough the EMH ab initio appeared to be an empirical theory. and it had been accepted by many fiscal bookmans and readers. which was used to explicate the relationship between market monetary values and informations. The traditional empirical trials of EMH can be divided into three sorts of trials. including the weak signifier trials. the semi-strong signifier trials and the strong signifier trials. In the trials of the weak signifier. most of the empirical groundss in the random walks can be easy interpreted as the trials of general expected returns in the early judgement. Or it can be interpreted as the trials of the fair-game theoretical account. The fair-game theoretical account implies the impossibleness of assorted kinds of trading systems. Some of the random walks has been besides concerned with proving the doing net incomes of such systems. However. more of the literature trial has been concerned with the trials of consecutive covariances of r eturns. ( Fama 391 ) . In the semi-strong signifier trial. the most commonly trial is the event survey methodological analysis. The event survey methodological analysis is a manner to prove the cogency of the semi-strong signifier of the stock market. The event survey focal point on the impact on stock monetary value fluctuations from the stock dividends. the proclamation of net incomes information. and securities analysts recommendations and proposals. Strong efficient market trial is conducted with empirical trials. If investors can obtain extra returns. chiefly through the trading of insider information. it shouldn’t be a strong signifier of effectual market. If investors can’t obtain extra returns. chiefly through the trading of insider information. it will be a strong efficient market. Since EMH was proposed in 1970. the suspect and critism of EMH didn’t halt. In 1976. Stephene F. Leroy wrote an article â€Å"Efficient Capital Markets: Comment† . In Leroy’s article. he believed that Fama’s treatment of the theory of efficient capital markets contained several of import transitions but Fama’s treatment is really deceptive ( Stephene Leroy 139 ) . His point about the treatment of the efficient markets theory is pleonastic. Fama did non hold with LeRoy’s statement. and he wrote another article â€Å"Efficient Capital Markets: Reply† to support himself. Fama gave two common attacks to prove the market efficiency. and both of these attacks proved to be a testable proposition about an efficient market. In the book of â€Å"The Inefficient Stock market: what pays away and why† . Robert A. Haugen said that Eugene F. Fama dreamed of efficient markets. Haugen besides believed that Fama’s theory was really impressive but it was endangering to his old professors. ( Haugen 5 ) Haugen argued that Stock returns can be predicted with his Expected Return Factor Model. In other words. he believed that the stock market is an inefficient market. which seems to be wholly different from EMH. The EMH is widely accepted and cited by bookmans and investors. However. stock markets turned out to be often irrational in recent old ages. including the celebrated â€Å"crash of 1987† . the Internet dot-com clang of 1999 and some other particular unreasons. The behavioural economic sciences argued that markets fell short in footings of how they processed information. and it was believed that other psychological factors should be taken into history by investors. As Burton G. Malkiel had mentioned in 2003. the stock market couldn’t be absolutely efficient every bit good as the strong signifier. If Malkiel’s sentiment is right. there would be no inducement for fiscal professionals to observe the information that gets so rapidly reflected in market monetary values. ( Malkiel 80 ) 4. The Development of EMHAfter his initial proposition of EMH. Fama acknowledged that the theoretical account was non purely valid because strong market efficiency could non be an wholly realistic theoretical account for the markets. Although the bulk of trial consequences supported his EMH theory. some bookmans are disbelieving about his EMH theory and he needs more trials to back up his theory. Faced with many challenges from other bookmans. Fama kept on developing his EMH theory. Fama realized that the early trials of market efficiency analyzing the autocorrelation of day-to-day and hebdomadal stock returns is non important. In 1988. Fama and Kenneth French made trials of the 1926-85 sample period. They examined autocorrelations of stock returns for these increasing retention periods. Their consequences are that long-horizon stock returns are predictable. ( Fama and French. 247 ) . In order to better his theory of EMH. Fama modified his theory in 1991. First. the weak-form trials were merely concerned with the prognosis power of the past returns. and the trials were modified to cover the more general country of trials for return predictability. such as dividend outputs and involvement rates. Then Fama replaced the rubric â€Å"semi-strong form† with the rubric â€Å"event studies† . but he didn’t alter the range of â€Å"semi-strong form† . At last. he replaced the rubric â€Å"strong form† with the rubric â€Å"tests for private information† . Then Fama made a decision that tests on semi-strong signifier and strong signifier proved to be true under the trials of event survey and the trials of private information survey. Fama besides considered the return predictability in his new trials. And he found that it is really controversial in the grounds on the predictability of stock returns through clip. The new trials seems to make good in the early work and reject the traditional invariable expected returns model. Does the predictability of stock return truly reflect rational fluctuation through clip in the expected returns? Does the predictability of stock return truly reflect irrational divergences of monetary value from cardinal value? . or some combination of the two? It seems that Fama still met the joint-hypothesis job. ( Fama 1577 ) In his decision. Fama believed that the evident predictability of returns may be really deceitful. When doing the survey of private information. Fama made another research on the inside informations of pension financess and common fund directors. Unlike the event surveies. mensurating unnatural returns over long periods are involved in measuring the entree of investing directors to private information. And earlier grounds clarified that it is non to the full reflected in stock monetary values when corporate insiders have private information. In 1990s. many bookmans did a batch of surveies on the long-run returns. The consequences indicated that the unnatural returns do so be. so the market is inefficient. As a response. Fama did the further and found that the long-run return anomalousnesss were random events. on norm or in whole the market was still efficient and there was no better alternate theoretical account can take the topographic point of EMH. Fama wrote an article â€Å"Market efficiency. long-run returns. and behavioural finance† to explicate his point of views. It was published in 1998. Fama analyzed many mentions which were about the long-run return anomalousnesss and found that stock monetary values is non full reaction to information in efficient market. the chance of overreaction is about same as that of under-reaction. and post-event continuance of pre-event unnatural returns is every bit common as post-event reversal. so anomalies split indiscriminately is a good description for EMH. One word. as persons the long-run return anomalousnesss exist. but as a whole the same chance indicates that the market is still efficient. DrumheadThe efficient-market hypothesis has been initiated by Professor Fama since 1970 which is based on the random walk hypothesis. When the securities monetary values can to the full reflect the informations which investor could obtained from the market. the stock market is efficient market. Harmonizing to the sorts of information which investors can acquire. efficient market can be divided into three degrees: weak signifier efficient market. semi-strong signifier and strong signifier efficient market. In order to turn out that the efficient market is non merely a obscure construct. many moneymans have done a series of research and testing. And the bulk of these trial consequences or support this theoretical averment. With the development of market and research. there were some unfavorable judgments of EMH. For illustration. Leroy believes that Fama’s treatment of the theory of efficient capital markets contains several of import transitions that are really deceptive. Hauge n thinks that stock returns can be predicted with an Expected Return Factor Model. non that the investors can merely be obtained the normal output matching to the investing hazard in the efficient market. Fama was invariably amending and developing his theory. Fama’s 1970 definition has been modified. And if the right pricing theoretical account is right and inordinate net incomes issues in the market. the market is invalid. while his weak signifier efficient market trial from past output prognosis rate of return in the hereafter be extended to give predictability. He studied the unnatural long-run return in market in item. and found that as persons the long-run return anomalousnesss exist. but the overreaction of stock monetary values to information is every bit common as under-reaction and the post-event continuance of pre-event unnatural returns is every bit frequent as post-event reversal. so the market is still efficient. The market is efficient even if many market participants are quite irrational. even if the stock monetary values exhibit greater volatility. The fiscal market is still efficient because an efficient market do non let investors to gain the higher returns w ithout accepting the more hazards. EMH is the â€Å"invisible hand† in the fiscal markets. EMH play the of import functions non merely in the Authoritative Financial Economics but besides in the Modern Financial Economics. It is the footing and pillar. The EMH has had more influence than most academic theories. Plants Cited Eugene F. Fama. â€Å"The Behavior of Stock-Market Prices† . ( The Journal of Business. Vol. 38. No. 1 ) ( Jan. . 1965 ) . PP. 34-105 ( JSTOR Accessed: January 16. 2013 ) Eugene F. Fama. â€Å"Efficient Capital Markets: A Review of Theory and Empirical Work† . ( The Journal of Finance. Vol. 25. No. 2 ) Documents and Proceedings of the Twenty-Eighth Annual Meeting of the American Finance Association New York. N. Y. December. 28-30. 1969 ( May. 1970 ) PP. 383–417. ( JSTOR Accessed: January 15. 2013 ) Stephene F. Leroy. â€Å"Efficient Capital Markets: Comment† ( The Journal of Finance. Vol. 31. No. 1 ) . ( March. . 1976 ) PP. 139141. ( Google Accessed: January 18. 2013 ) Eugene F. Fama. † Efficient Capital Markets: Reply† ( The Journal of Finance. Vol. 31. No. 1 ) ( Mar. . 1976 ) PP. 143-145. ( JSTOR Accessed: January 15. 2013 ) Eugene F. Fama and Kenneth R. French. †Permanent and Impermanent Components of Stock Prices† ( Journal of P olitical Economy. Vol. 96. No. 2 ) ( Apr. . 1988 ) . pp. 246-273. ( JSTOR Accessed: January 14. 2013 ) Eugene F. Fama. â€Å"Efficient Capital Markets: II † ( The Journal of Finance. Vol. 46. No. 5 ) ( Dec. . 1991 ) . PP. 1575-1617. ( Wiley for the American Finance Association. JSTOR Accessed January 15. 2013 ) Eugene F. Fama. â€Å"Market efficiency. long-run returns. and behavioural finance â€Å" ( Journal of Financial Economics 49 ( 1998 ) 283-306. ( Google: January 15. 2013 ) Robert A. Haugen. â€Å"The Inefficient Stock Market: what pays away and why † ( Prentice Hall Upper Saddle River. New Jersey ) ( 1999 ) ( Borrowed from MSU Library Accessed: January 16. 2013 ) Burton G. Malkiel. â€Å"The Efficient Market Hypothesis and Its Critics† ( The Journal of Economic Perspectives. Vol. 17. No. 1 ) ( Winter. 2003 ) . pp. 59-82. ( JSTOR Accessed: January 26. 2013 )

Dispute Resolution Coursework The WritePass Journal

Dispute Resolution Coursework 1.0 Introduction Dispute Resolution Coursework 1.0 Introduction 2.0 Concurrent Delay3.0 Causes of a Concurrent Delay4.0 Approaches to Concurrent Delays4.1 Apportionment Approach4.2 The ‘but for’ Approach4.3 First in Line Approach4.4 Dominant Approach4.5 Malmaison Approach5.0 Analyse of City Inn v Shepherd Construction Ltd 5.1 Lord Drummond Young’s Decision5.2 The Appeal Decision6.0 ReferencesRelated 1.0 Introduction This report will discuss the different approaches to concurrent delays in construction contracts by reviewing various construction cases where disputed have arisen. I will also analyse the findings in the recent Court of Session case of City Inn v Shepherd Construction (2010) and assess the extent to which an appeal against the decision to the Supreme Court may succeed. 2.0 Concurrent Delay A â€Å"concurrent delay† is a term used loosely by the construction industry without any real definition. It is not uncommon for more than one delay to occur on a construction project at any given time which delays the completion of the works. A concurrent delay usually occurs when actions by the client and contractor simultaneously delay the project. However there is no clear guidance on the most suitable method for considering an extension of time when there is a concurrent delay usually involving the contractor and employer. (Cushman et al, 2001). Judge Seymour in the case of Royal Brompton Hospital NHS Trust v Frederick A Hammond Ors1 describes a concurrent delay as, â€Å"Two or more delay events occurring within the same time period, each independently affecting the Completion Date.† He goes on to say; â€Å"It is, I think necessary to be clear what one means by events operating concurrently. It does not mean, in my judgement, a situation in which, work already being delayed, let it be supposed, because the contractor has had difficulty in obtaining sufficient labour, an event occurs which is a Relevant Event and which, had the contractor not been delayed would have caused him to be delayed, but which in fact, by reason of the existing delay, made no difference. In such a situation although there is a Relevant Event, the completion of the Works is not likely to be delayed thereby beyond the Completion Date.† (www.charlesrussell.co.uk, February 2011). From Judge Seymour’s statement a concurrent delay can therefore be defined as two events that happen at the same time. 3.0 Causes of a Concurrent Delay A delay can vary due to the different consequences for example an excusable delay is the fault of the employer such as late issuing of drawings which entitles the contractor to an extension of time and an inexcusable delay is due to the fault of the contractor. A neutral event may occur as a result of unforeseen ground conditions or adverse weather conditions. There a number of different scenarios that arise where delays are considered to be concurrent. They are as follows: A delay that is caused by both employer and contractor. A neutral event and contractors delay. A neutral event and employers delay. A neutral event where the contractor is entitled to more time and a financial payment. An employer’s delay where the contractor is entitled to more time and a financial payment. A contractor’s delay where the employer is entitled to a financial payment. (www.theqsi.co.uk, February 2011) 4.0 Approaches to Concurrent Delays There are a number of approaches when considering an extension of time with some having more success than others. They are as follows; Apportionment approach ‘but for’ approach First in Line approach Dominant approach Malmaison approach 4.1 Apportionment Approach The apportionment approach is where the total cost of the delay is distributed between the parties responsible for that delay. Although this is a logical approach it is not supported in the courts as when it comes to a breach of contract they usually look to relate any loss to a single cause. (www.alway-associates.co.uk, March 2011). If a dominant cause cannot be identified the courts say, â€Å"It may be possible to apportion the loss between the causes for which the employer is responsible and other causes. In such a case, it is obviously necessary that the event or events for which the employer is responsible should be a material cause of the loss. Provided that the condition is met, the apportionment of loss between the different causes is possible in an appropriate case.† (www.cila.co.uk, March 2011). One of the most controversial cases that adopted the apportionment approach is City Inn v Shepherd Construction Ltd. As the causes of the delay were the fault of both the employer and contractor the contractor was entitled to an extension of time. Lord Drummond said, â€Å"where there is time concurrency between a relevant event and contractor default, in the sense that both existed simultaneously, regardless of which started first, it may be appropriate to apportion responsibility for the delay between the two causes; obviously, however, the basis for such must be fair and reasonable.† (www.clarkslegal.com, March 2011). It was the contract administrator’s duty to award Shepherd construction an extension of time on a â€Å"fair and reasonable† basis. (Smith, 2010). However shepherd construction did not deem this to be sufficient and wanted a significantly longer extension of time as well as payment of loss and expense. As there was no dominant event causing the d elay the court apportioned the delay between the causes. (Smith, 2010). In case of John Barker Construction Ltd v London Portman Hotel Ltd [2004] Lord Young indicated the most appropriate approach would be to apportion the cost of the delay between the employer and contractor he states, â€Å"This is a case where delay has been caused by a number of different causes, most of which were the responsibility of the employer, through the architect, but two of which were the responsibility of the contractor. It is accordingly necessary to apportion the defenders prolongation costs between these two categories of cause. I consider that the same general consideration, the causative significance of each of the sources of delay and the degree of culpability in respect of each of those sources, must be balanced.† (www.dac.co.uk, March 2011). Another case that applied the apportionment approach is the case of Musselburgh and Fisherrow Co-operative Society Ltd v Mowlem (Scotland) Ltd (2005). This case involved a number of defects to a swimming pool. The court decided to apportion the costs of defect s which included changing channels and gratings and the replacing of the waterproof membrane. (www.scotcourts.gov.uk, February 2011). For the apportionment approach to apply the causes contributing to the loss must start and finish at the same period which is highly unlikely. It also depends on the court’s understanding of the particulars and the use of complex ideas. Keating (2000) encourages the use of apportionment he states, â€Å"Where the loss or damage suffered by the plaintiff results partly from his own conduct and partly form the defendants breach of contract it is correct in principle for the damages to be apportioned.† (Keating et al, 2000). 4.2 The ‘but for’ Approach This approach has not had great success and is reflected in the fact no cases can be found to support this approach. However despite its low success rate it is favoured by contractors as they tend to adopt this approach in reply to the first in line argument even though it is usually rejected by the courts. The contractor’s argument is based on the circumstance that a delay to a particular event would not have happened ‘but for’ an architect’s instruction requesting additional work to be carried out. (www.charlesrussell.co.uk, February 2011). Basically the contractor believes the additional work the reason a delay has occurred. This is supported by Fletcher (1998) who states that the ‘but for’ approach exonerates the contractor but only when, â€Å"events for which the contractor is not responsible compound delay already caused by the contractor.† (Fletcher, 1998). 4.3 First in Line Approach This approach adopts the logic that if a delay has arisen due to a number of events the event that occurred first will be responsible for the whole delay. This means any other contributing events to the delay will be overlooked so long as the completion date is not affected and it does not carry on after the first event. (www.rics.org, March 2011). For example it is the responsibility of the employer to give the contractor access to the site on the day the works are due to commence i.e. 29 January. However if access is not provided a delay occurs commencing on the 29 January and if severe weather prevents work from starting on the 7 February the first in line approach will apply therefore the delay in access will take priority over severe weather until access is provided. If the contractor gains access to the site on the 16 February but the severe weather conditions persists until the 21 February then an extension time can be granted with regards to the severe weather. (www.rics.org, March 2011). 4.4 Dominant Approach The dominant approach analyses the causes of a delay and decides which event is the most dominant or predominant. (www.charlesrussell.co.uk, February 2011). Keating (2000) defines a dominant event as, â€Å"If there are two causes, one the contractual responsibility of the defendant and the other the contractual responsibility of the plaintiff the plaintiff succeeds if he establishes that the cause for which the defendant is responsible is the effective dominant case. Which cause is dominant is a question of fact, which is not solved by the mere point of order in time but is to be decided by applying common sense standards.† (Keating, 2000). An important case in Scotland that adopted the dominant approach is case of John Doyle Construction Ltd v Laing Management (Scotland) Ltd (2004). John Doyle claimed for loss and expense of  £4.8 million and a twenty two week extension of time as they believed Laing Management had disrupted and delayed the progress of the works. Laing Management contended that as John Doyle claim was global and therefore it could not succeed so long as any one of the claims where proven not to have been caused by them. (www.cila.co.uk, March 2011). However Lord McFayden who was involved in the case stated, â€Å"The global claim may fail, but there may be in the evidence a sufficient basis to find casual connections between individual losses and individual events, or to global claims and the problems of concurrent cases arise time and again in relation to delay and loss and expense claims.† (Ross, 2004). Lord McFayden allowed the claim to proceed however Laing appealed his decision to the Court of Session. At the Court of Session Lord Drummond young agreed with Lord McFayden he said, â€Å"if any events or events for which the employer is responsible can be described as the dominant cause of an item of loss, that will be sufficient to establish liability, notwithstanding that other events played a part in its occurrence.† (Ross, 2004). Therefore if the contractor can prove the events for which he depends on are the duty of the employer then he will be required to, â€Å"prove casual links between individual events and particular heads of loss.† (www.cila.co.uk, March 2011).   Where loss has occurred through events the employer is responsible for and through events that he is not, the court states that the contractor must prove the events that the employer is accountable for are the â€Å"proximate or dominant cause of loss† In order for the claim to succeed. However there are problems associated with the dominant approach especially when there are events that contribute equally to the cause of the delay. Therefore the grounds for recuperating loss and expense could be unfair to one party. For example as a dominant cause apportions responsibility to one party which therefore gives the bases for recovery of loss and expense by the other party. However this gives the claiming party the right to recover cost for the entire delay even though the causes contributing to the delay may not be sufficient enough for grounds of recovery. (www.alway-associates.co.uk, March 2011). In the case of H. Fairweather Co. Ltd v. London Borough of Wandworth (1988) the dominant approach was rejected by the court due to the problems discussed previously. (www.alway-associates.co.uk, March 2011). During the construction of the works, consisting of 480 homes, the project was delayed due the late issue of variations and strikes by the workforce. When the case went to arbitration it ruled in favour of the architect and suggested that the strikes had been the dominant cause. However the contractor appealed the decision to the courts who overruled. The judge stated, â€Å"On the assumption that condition 23 is not solely concerned with liquidated or ascertained damages but also triggers and conditions a right for a contractor to recover direct loss and expense where applicable under condition 24 then an architect and his turn an arbitrator has the task of allocating where the facts require it the extension of time to the various heads. I do not consider that the dominant tes t is correct.† (www.brewerconsulting.co.uk, March 2011). 4.5 Malmaison Approach This approach was established in the case of Henry Boot Construction (UK) Ltd v Malmaison Hotel (Manchester) Ltd (1999). It came about not because the dispute was resolved but by both parties agreeing to resolve elements of the dispute which the court then approved. (www.alway-associates.co.uk, March 2011).   This was the first instance the court acknowledged that an extension of time should not be refused when a delay caused by the contractor is concurrent with a delay caused by the employer. During the case concurrent delays were discussed in detail but the main focus was on how delays caused by both the contractor and employer should be interpreted.   Judge Dyson said, â€Å"It is agreed that if there are two concurrent causes of delay, one of which is a relevant event, and the other is not, then the contractor is entitled to an extension of time for the period of delay caused by the relevant delay notwithstanding the concurrent effect of the other event,† (www.alway-associates.co.uk, March 2011). Judge Dyson went on to explain this in simpler terms he said, â€Å"For example if no work is possible on a site for a week not only because of exceptionally inclement weather (a relevant event) but also because the contractor has a shortage of labour (not a relevant event) and if the failure to work during that week is likely to delay the works beyond the completion date by one week, then if he considers it fair and reasonable to do so, the architect is required to grant an extension of time of one week. He cannot refuse to do so on the grounds that the delay would have occurred in any event by reason of the shortage of labour.† (www.alway-associates.co.uk, March 2011). This approach entitles the contractor to an extension of time when they are responsible for the delay at the same time the employer is also causing the delay. This is due to the contractors delay occurring at the same time as a neutral event i.e. inclement weather. In the more recent case of Steria Limited v Sigma Wireless Communications Limited (2007) the Malmaison apporoach was adopted. A dispute occurred between both parties as Sigma did not pay the final contract price owed to Steria. Sigma argued that completion of the works were delayed due to events caused by Steria and therefore where entitled to claim loss and expense. Judge Davies considered whether or not Steria should have been entitled to an extension of time. The judge ruled that Steria should have been granted an extension of time as the delay was not predominantly caused by them and because the matter relied upon was not the dominant cause although it did have equivalent contributing influence with other events relating to the delay. (www.pinsentmasons.com, March 2011). 5.0 Analyse of City Inn v Shepherd Construction Ltd In 1997 City Inn appointed Shepherd construction to construct a hotel in Bristol under a JCT form of contract. The initial completion date of January 26, 1999 was extended by the architect but only by two weeks. The project was not completed until the 29 March 1999 therefore incurring a nine week delay. The same day the architect issued a two week extension of time he also issued a non-completion certificate and stated the contractor had failed to complete the works by the extended completion date therefore allowing City Inn to deduct liquidated damages. (www.jonesday, March 2011). The dispute arose as Shepherd construction claimed they were entitled to eleven weeks extension of time as a result of the architect issuing instructions late and also demanded damages for loss and expense at  £11,500 per week.   City Inn argued that as the works were completed late they were entitled to liquidated damages of  £30,000 per week for nine weeks therefore proceeded to withhold  £270,000 of damages. (www.cila.co.uk, March 2011). In summary the concurrent causes of delay claimed by both parties are as follows; Employer- Defective work and late completion Contractor – Architects Instructions and variations issued late The dispute went to adjudication where the adjudicator ruled in favour of the Shepherd construction. The adjudicator awarded Shepherd construction a nine week extension of time and instructed City Inn to repay the monies owed to the Shepherd construction. However City Inn did not agree with the adjudicator’s decision and appealed to the Scottish Court of Session. The case went to court before Lord Drummond Young.    5.1 Lord Drummond Young’s Decision The experts of both parties agreed that a critical path analysis could not be carried out as there was no accurate programme establishing how the contractor intended on carrying out the works. Lord Drummond Young therefore had to judge what impact the actions of City Inn and Shepherd construction had on the overall delay of the whole project. (www.cila.co.uk, March 2011). Lord Drummond Young concluded that all the delays identified by City Inn and Shepherd construction were concurrent causes of delay.   Therefore under clause 25 of the contract Lord Drummond Young was required to make a judgement and reach a â€Å"fair and reasonable† decision on an extension of time. (www.pinsentsmasons.org, March 2011).   Due to the absence of a dominant cause Lord drumming Young adopted a â€Å"common sense† approach and apportioned the delay between the relevant event and other events to reach a fair and reasonable outcome.   (www.cila.co.uk, March 2011). Lord Drummond Young stated the adjudicator was correct to award Shepherd Construction a nine week extension of time. However City Inn where not happy with his decision and decided to appeal his ruling to the Supreme Court. 5.2 The Appeal Decision The appeal launched by City Inn was rejected by all three judges however they did not all fully support Lord Drummond Young’s ruling on awarding an extension of time. Lord Osborne delivered the bulk of the judgment with Lord Kingarth agreeing with his assessment. Lord Osborne set five propositions for the proper approach to be taken when granting an extension of time: Before a claim for an extension of time can succeed a relevant event must be proven to have caused a delay and as a result the works will be delayed. When considering whether or not a relevant event has caused a delay a common sense approach must be taken. A critical path analysis will help the decision maker determine the cause of the delay however it is not relied upon for the claim to succeed. If a dominant cause of delay can be identified then effect will be given to that delay by leaving out of account any cause of or causes that are not material. The claim will fail if the relevant event is not a dominant cause. If there is no dominant cause the contractors claim should not automatically fail. The decision maker should, â€Å"approach the issue in a fair and reasonable way, to apportion the delay in completion of the works between the relevant event and the other event.† (www.pinsentsmasons.org, March 2011). Although Lord Carloway agreed with the result of the case however he rejected the Lord Drummond Young’s apportionment approach. Lord Carloways stated it was the architect’s responsibility to judge whether or not a delay was the result of a relevant event. Therefore the contractor should be granted an extension of time so long as he can prove the cause of the delay is a relevant event. 5.3 Likelihood of an Appeal Succeeding I believe an appeal by City Inn to the Supreme Court would be unsuccessful. From the two cases already put before the courts all four judges have agreed that the decision to award the contractor an extension of time was the correct one after considering the arguments of both parties. The judges put great emphasis on adopting a common sense approach when considering an extension of time in order to make a fair and reasonable decision.   Concurrent causes of delay arose as no dominant cause of delay could be identified and therefore apportionment approach was adopted which had strong support from all the appeal judges. If an appeal was made to the Supreme Court I believe the judge would reject City Inns appeal as it is clear to see a common sense approach has been adopted to achieve a fair result between City Inn and Shepherd Construction. 6.0 References Literature Cushman, R., Carter, J., Gorman, P. And Coppi, D., (2001). Construction Disputes: Representing the Contractor Fletcher A. (1998) Key issues in Time Extension claims, Building and Construction Law Keating D., Ramsey, V., Furst S. (2000) Keating on Building Contracts Ross J., (2004) Knowledge Is Power: The Freedom of Information Act comes into Force Smith H., (2010) Construction Dispute Avoidance; Herbert Smith, Newsletter no.18 Websites alway-associates.co.uk/legal-update/article.asp?id=24 Accessed 03/03/11 brewerconsulting.co.uk/cases/RPC_CES4.htm Accessed 01/03/11 cila.co.uk/files/Construction/Kennedys/Concurrency%20Talk.pdf Accessed 04/03/11 charlesrussell.co.uk/UserFiles/file/pdf/Construction%20%20Engineering/BB_sept_2010/concurrent_delay.pdf Accessed 26/02/11 clarkslegal.com/Article/533/Counting+the+cost+of+lost+time+-+apportioning+concurrent+delay+in+EOT+claims Accessed 13/03/11 dac.co.uk/documents/resources/articles/Delaying_tactics_Property_Law_Journal Accessed 13/03/11 jonesday.com/extensions-of-time-concurrent-delays-and-causation-city-inn-v-shepherd-judicial-guidance-from-the-uk-courts-at-long-last-05-14-2008/ Accessed 16/03/11 pinsentmasons.com/PDF/SteriavStigma0408.pdf Accessed 17/03/11 www.pinsentsmasons.org/PDF/CityInnLtd.pdf Accessed 18/03/11 rics.org/site/download_feed.aspx?fileID=3400fileExtension=PDF Accessed 05/03/11 scl.org.uk/node/533 Accessed 26/02/11 scotcourts.gov.uk/opinions/2006hcjac27.html Accessed 29/02/11 www.theqsi.co.uk/cpdmod/concurrent%20delays%202.doc Accessed 28/02/11 tonybingham.co.uk/column/articlepick.php Accessed 07/03/11

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