LinkedIn Share on Facebook Share on Twitter Pinterest Share Email The future self is regarded as a different personIn the study, people chose between a smaller payoff given immediately and a larger payoff given in the future, as well as between a payoff that only benefitted themselves and a payoff that benefitted them less but also benefitted another person.The researchers used non-invasive brain stimulation techniques to disrupt activation in the so called “temporo-parietal junction”, a region at the side towards the back of the brain. After disruption of this brain region, people tended to make choices that were both more impulsive (i.e. choosing the immediate payoff) and more selfish (i.e. choosing the payoff for themselves only), and were less able to take the perspective of other persons.This association between the brain basis of perspective-taking and patience sheds a new light on self-control. “From a neural perspective, the temporo-parietal junction may represent the own future self like another person,” Alexander Soutschek explains. “This means that the same brain mechanisms may be necessary to be patient for a future gain and for being able to share with another person”. This finding opens up new avenues for treating self-control deficits in disorders like addiction and obesity. Should I buy a new car now or save the money for retirement? Such situations require self-control in order to resist the immediately tempting offer for the sake of more important outcomes in the future. It is widely accepted that self-control is regulated by mechanisms in the brain area called the “prefrontal cortex”, with the ability to keep oneself at bay when tempted by immediately appealing offers.Now a study from a team at the Department of Economics University of Zurich and the University of Dusseldorf shows that a second mechanism is also important for self-control: Being able to direct attention to one’s future needs.The team around Alexander Soutschek, Christian Ruff, Tobias Kalenscher, and Philippe Tobler investigated a brain region that usually allows us to take the perspective of another person during social interactions. To their own surprise, they found that this same brain area also plays a crucial role in situations requiring self-control when no other person is present.
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A conveyancer’s failure to follow best practice contributed to a mortgage fraud, the Court of Appeal has ruled in a case described by lawyers as a ‘clarion call’ to ensure work is done professionally.The High Court ruled last year that the now closed RA Legal, which had released £150,000 in purchase monies to a firm purporting to act for vendors without obtaining a legal charge, had acted in breach of trust.But the judge relieved RA Legal of liability, applying Section 61 of the Trustee Act 1925. He held that the firm had acted ‘reasonably’ and its departure from best practice had not directly caused the loss.In Santander v RA Legal the Court of Appeal overturned the ruling, stating that for the purposes of Section 61, a trustee’s departure from best practice may be sufficiently connected with a beneficiary’s loss if there is ‘some element of causative connection’.Lord Justice Briggs said that connection falls short of ‘but for’ causation; instead there simply needs to be something about the trustee’s behaviour that materially contributes to the beneficiary’s loss in a wider sense.He said: ‘It would not be appropriate to exclude as irrelevant conduct which consisted of a departure from best or reasonable practice which increased the risk of loss caused by fraud, even if the court concludes that the fraudster would nonetheless have achieved his goal if the solicitor had acted reasonably.’Steven Baker, solicitor in the litigation and dispute resolution team at Matthew Arnold & Baldwin, said the judgment is ‘crucial’ for lenders and purchasers in the fight against mortgage fraud.Eddie Goldsmith, chairman of the Conveyancing Association, said the judgment confirms that a conveyancer’s conduct will be taken into account and that shoddy practice could have a bearing on a court’s decision to apply Section 61, relieving a firm from liability.‘It is a clarion call for conveyancers to be professional and deal with transactions with great care, but there is an ambiguity about what is good practice,’ he said.
Under new lord chancellor and secretary of state for justice Michael Gove, the new team at the Ministry of Justice includes former City lawyer Dominic Raab.Barrister Lord Faulks (Edward Faulks QC) remains in post as justice minister in the Lords and Shailesh Vara MP as parliamentary under secretary of state with a portfolio including courts, legal aid and regulation.Mike Penning MP is minister of state, jointly at the home office, responsible for the criminal justice system.Raab, who previously worked as an international lawyer at magic circle firm Linklaters, has been appointed as a parliamentary under secretary of state.His responsibilities will include human rights and civil liberties, meaning he will help see through Conservative plans to replace the 1998 Human Rights Act and ‘break the formal link’ between British courts and the European Court of Human Rights. He will also be responsible for Europe and devolution.Faulks will be taking the lead on human rights in the House of Lords, an area of contention after Labour and Lib Dem peers suggested they may block Tory pledges which go against the ‘will of the people’.Junior ministers Caroline Dinenage’s responsibilities include family justice, and Andrew Selous takes on prisons and youth justice.Jeremy Wright QC remains attorney general and Robert Buckland QC solicitor general.
A leaked internal email and a conversation overheard in a pub are not protected by legal professional privilege because they suggested some form of deception, an employment appeal has found. In X v Y Ltd, the Honourable Mrs Justice Slade DBE ruled that an employment tribunal had been wrong to strike out a case brought by a lawyer who had worked for his company for 27 years until his dismissal in January 2017. His unnamed employer had announced a programme of voluntary redundancy in April 2016, less than a year after the lawyer submitted his first claim for disability discrimination and following his failed application for certain roles. The claimant suffers from type 2 diabetes and obstructive sleep apnoea.The claimant then received a leaked email, which was not fully disclosed by the tribunal, which set out how the company might avoid legal action, warning that it risked an ‘impasse’ of legal proceedings. The author of the email also noted there was ‘at least a wider reorganisation and process at play that we could put this [redundancy] into the context of’. Less than a month later, the claimant overheard two women in the Old Bank of England pub on Fleet Street discussing a complaint by a senior lawyer at his company and how there was a ‘good opportunity’ to manage him out by severance or redundancy. The judge said legal privilege would have applied to the email if it had simply stated there was a risk of a claim by the person being made redundant. At the first tribunal, Employment Judge Tsamados said it constituted legal advice aimed at avoiding rather than evading legal action, and this was routine legal work that did not raise the question of iniquity. Mrs Justice Slade said the email was used as a ‘cloak’ to dismiss the claimant to avoid his continuing complaints and difficulties with his employment. ‘The email does not record any advice on neutral selection criteria for redundancy,’ she added. ‘It concentrates exclusively on how the redundancy can be used to rid the respondent of ongoing allegations of discrimination by the claimant.’ Although treated with ‘significantly’ lesser importance, the judge added that legal advice privilege could not be claimed in respect of the overheard conversation in the pub. The decision of the employment judge to strike out the claim was set aside.
Canadian consultants are to start work this month on a 12-month feasibility study into the proposed railway linking the Mmamabula and Morupule coalfields in Botswana with Walvis Bay in Namibia. The World Bank has provided a US$44000 grant, and the two countries will each contribute US$82000. The New Zealand government is to study PPP funding for the new Auckland suburban EMU fleet. ‘Public-private partnerships can be a sensible way to procure this kind of expensive, long-life asset’, said Transport Minister Steven Joyce after visiting Australia, where a A$3·6bn PPP is being used to fund 78 eight-car double-deck EMUs for Sydney. National Railways of Zimbabwe is included on the government’s ‘rationalisation, reconstruction and transformation agenda.’ Finance minister Tendai Biti said NRZ was among ‘high-value’ state companies which have ‘huge potential’ but need capitalisation and good management. Greater Toronto transport authority Metrolinx is to study electrification of the entire GO Transit rail network. An external advisory committee of independent technical experts, community representatives and passengers will advise on the terms of reference, with the study to be completed in early 2010. The Spanish government has brought forward a programme to make the national rail network accessible to mobility-impaired passengers by 2014. A total of €479m is to be spent on stations and €305m on improving the accessibility of 480 existing trainsets. Noting that the container market in South Africa has grown at around 10% per annum over the past five years, CEO Siyabonga Gama advocates the creation of a transhipment hub to capture market share as part of Transnet Freight Rail’s five-year capital plan. ‘Our projects cut across rail and ports and focus on Ngqura [a new port near Port Elizabeth] and Cape Town’, he said. With a view to moving 400 000 tonnes of soya, maize and wheat a year by rail for export via Paranaguá, Paraguayan grain producers are considering setting up their own handling facilities in the Ferroeste terminal at Cascavel in Brazil. Up to 100 wagons could be acquired under the framework agreement with Amsted Maxion (RG 4.09 p62). At the 1520 Forum in Sochi the Russian, Ukrainian, Slovak and Austrian national railways signed an agreement to create a joint venture to operate the planned Moscow – Kyiv – Uzhgorod – Bratislava – Wien broad-gauge corridor, now costed at US$4·5bn (RG 1.09 p52).
BRAZIL: Construction of the huge Transnordestina project in northeastern Brazil was due to resume at the end of August, Governor of Piauí state Wellington Dias announced during the Forum on Regional Infrastructure held in Teresina on August 22.Participants at the forum included the Brazilian Infrastructure Association and numerous investors.Work began on the scheme in 2006, but after 10 years the rising cost and irregularities uncovered by the Federal Court of Accounts brought the job to a halt. Since then continued funding difficulties and disagreements between the three states involved have prevented construction from restarting. About half the work has been completed.The 2 300 km project is intended to open up parts of the northeastern corner of Brazil with good connections to the deepwater ports at Suape near Recife and Pecém near Fortaleza. The Y-shaped scheme as first planned entails 1 753 km of new construction, much of it consisting of a new line from a railhead at Salgueiro to Trindade and Eliseu Martins. This will be supported by upgrading of 560 km of existing metre gauge route and the laying of dual-gauge track. Around 300 bridges and viaducts need to be built.The railway runs through the states of Piauí, Ceará and Pernambuco and passes through 81 municipalities. It was designed to handle 30 million tonnes of freight a year, mainly bulk cargoes such as ores, soya and other agricultural produce, but there are doubts about the volume of traffic reaching this level. The scheme was originally due to have been finished in 2010.In June Infrastructure Minister Tarcísio Gomes de Freitas said during a Senate hearing that work on the project would resume this year thanks to R$257m being made available by concessionaire Transnordestina Logística, SA, owned by steel company Companhia Siderúrgica Nacional. In the past the government has considered replacing the concessionaire, while another proposal would see TLSA form a partnership with Salini Impreglio, with the Italian company contributing up to R$2∙2bn towards the project.Around R$6∙4bn has already been spent, and a further R$6∙3bn will be needed to finish the railway. Completion of the northern branch from Salgueiro to Pecém is now envisaged in 2021, allowing funds to be generated so that the eastern arm to Suape can be finished by 2027.
Chef Showdown heats up Jerk FestMouthwatering fun awaits you Sunday, November 13 at Markham Park in Sunrise where families, friends, celebrities, chefs and jerk lovers will gather for the 15th Annual Grace Jamaican Jerk Festival!The Publix Culinary Pavilion will be featuring a line-up of chefs providing cooking demonstrations and exciting, must-see cooking competitions. Amateur and professional chefs, celebrity chefs and personalities will go head to head to see who emerges with the best jerk dishes.Included in the lineup is two-time Food Network’s Chopped Champion Chef Andre Fowles. Demonstrating his cooking chops with a demonstration at the event he will be the special guest at Publix Aprons Cooking School in Plantation on November 10. Chef Fowles was named “Chef on the Rise” by the Jamaica Observer and is well-respected in the kitchen. Patrons will also have a chance to watch cooking demos with Golden Krust’s Chef Odean, who was featured on CBS’s Undercover Boss.Guest can also expect to see, and perhaps even taste, the culinary prowess of acclaimed chefs and celebrities in the Celebrity Chef Throwdown and the Celebrity Quick Fire Challenge. This year’s Celebrity Chef Throwdown will see Chef Eddie Jackson, former cornerback in the NFL and The Next Food Network Star Season 11 winner, going up against Chef Maxcel Hardy who was the full-time personal chef for NBA All-Star Amar’e Stoudemire. Chef Eddie’s quite at home in the kitchen, and after retiring from the NFL, he took his cooking to another level with everything from family recipes to culinary creations influenced by his travels while in the NFL. He’s launched his own food truck, “The Caribbean Grill,” and hosts The Food Network’s Kids BBQ.Chef Maxcel is no pushover in the kitchen, with some 12 years of culinary experience and celebrity clients. He co-authored the cookbook, 100 Easy Recipes for Pros and Rookies in the Kitchen with Stoudemire and is currently co-authoring Marley Cookbook with entrepreneur and former University of Miami football player Rohan Marley. When Chef Maxcel is not cooking, he’s creating chef apparel for his line Chef Max Designs and working to end hunger in America through his organization, One Chef Can 86 Hunger. With this much star power, there’s sure to be sparks flying in the kitchen as chefs Eddie and Maxcel vie for the top spot in this prestigious competition.Organizer, June Minto encourages patrons to come early to participate and partake of all the offers over at the Publix Marketplace. “We’ll have a presentation informing patrons on just about everything they need to know about using the right combination of fresh spices and herbs to create delectable dishes. Plus, there’ll be lots of giveaways, Publix Gift Cards, Grace gift baskets, aprons, T-shirts, Publix Greenwise products and so much more.”