The Oakfield practice chain

The Oakfield practice chain begins with Richard Faircloth, who’s a very significant character in the medical history of Newmarket (see the page on Richard Faircloth for full details). This is not least because he’s the head of the Orchard House practice chain as well (see The Orchard House practice chain). So he founded two of today’s three Newmarket practices. Basically his successor, John Rowland Wright, took on a partner Walter Hutchinson, but later they diverged, practising separately. Interestingly, it was the new recruit Walter Hutchinson who continued working from Richard Faircloth’s old premises, although later he moved to a different building. From him a line of succession that led to Oakfield Surgery emerged, as outlined below. Orchard House Surgery evolved from John Wright’s practice, through a different line of succession.

Richard Faircloth qualified in the early 1830s, and was in Newmarket by 1836. His was one of three new practices that began in that decade (the others being the Fyson practice chain and the Page–Meads–Crompton practice chain). Their beginnings coincided with the end of the Edwards–Norton–Taylor–Kendall–Thomas–Bullen practice chain, which ran from the 1770s to 1839. There’s no evidence of any continuity from this older chain to any of the three new ones. In fact there is specific evidence that they were separate entities, from trade directories and the Newmarket Union minutes. The only practice with continuity from the 1820s to the 1840s was that of Robert James Peck (see The Rookery practice chain).

Richard Faircloth worked from a house on the High Street that stood at the eastern end of what’s now the Post Office (see an image on the page about Richard Faircloth). He had numerous assistants over the years (again see the page on Richard Faircloth for full details), but just before his retirement in 1878 he was joined in partnership by John Rowland Wright, who had been an assistant in the rival Fyson practice up the other end of the High Street. Somewhat surprisingly, Richard Faircloth’s assistant at the time (Charles Wing) who had been with him for many years, relocated to his native Bury St Edmunds at that point rather than taking on the Faircloth practice. This short handover style partnership between Richard Faircloth and John Wright seems to have been a common model in 19th century Newmarket, there being examples in other practice chains, and later in this one too, see below (and see The practice chains of Newmarket regarding the other chains).

Within a year, John Wright was joined in partnership by the slightly younger Walter Hutchinson, who had been working as a ship’s doctor. He can be seen living and working in the Wright household on the 1881 census (see an image on the page about Walter Hutchinson), which continued in Richard Faircloth’s old house. However, it appears this partnership dissolved in about 1883. From 1884 it stops being mentioned in the Medical Directory and the same year Walter Hutchinson and John Wright appear as rivals in an application for a Newmarket Union poor law role. As mentioned in the introduction above, interestingly the junior partner Walter Hutchinson continued in Richard Faircloth’s old residence, where he can be seen on the 1891 census, by which time John Wright was in Rous Villa (although he appears to have practised from another location on the High Street for a while first – see the pages on John Rowland Wright and The Orchard House practice chain). It’s of note that later this Oakfield chain practised from Rous Villa too (see below) a significant time after the Orchard House predecessors had moved out (see the page on Rous Villa for details). However this Oakfield practice chain was to pass through two further premises before arriving in Rous Villa.

First Walter Hutchinson moved to Cardigan Lodge, further west along the High Street, on the corner with The Avenue. He’s recorded there from 1899, but might have been there a few years earlier. Interestingly, this building had been occupied by the predecessors of The Rookery in the mid 19th century (or so it’s thought – it’s possible they were elsewhere in the larger building of which it is part – see the page on Cardigan Lodge for details.)

In 1903 Walter Hutchinson entered into a short handover partnership with Sidney Winslow Woollett. The latter was still practising from Cardigan Lodge over a quarter of a century later, last mentioned there in 1927. The following year he moved to Kingston House, again a building that had been used by a different practice earlier in its history (see the page on Kingston House for details). However, Dr Woollett died there that same year, succeeded by his assistant Dr Joseph (Joe) Davis, who had been his assistant for only a short time, so the transition appears to have been similar to the handover partnership model again. Joe Davis practised from Kingston House until 1936, then from 1937 was in Rous Villa (whilst at Kingston House Joe Davis had at least two partners, see the page on Dr Davis for more details).

Dr Davis practised from Rous Villa until his retirement in 1969, by which time the surgery had grown into a small group rather than handover style partnership (see the page on Rous Surgery for details). This practice moved to Oakfield Surgery in 1993.

Note: The Oakfield practice chain is due to move to the Newmarket Hospital site in 2020 (history in the making!). An update will be posted here when that happens, and on the other relevant pages.

Relevant references in chronological order

Note: Included here are only the references with direct relevance to the chain as explained above and its connections. For wider references regarding each medic/practice see the relevant links.

1831, 8th December: Richard Faircloth passed the LSA examination, ‘son of Mr. Richard Faircloth of St. Albans Herts’, baptized 18th June 1809. It records that he was apprenticed to ‘Mr. James Mash of Northampton’, ‘APOTHECARY for five Years’, with an indenture dated 15th July 1826 and his hospital training having been 7 months at Guys Hospital. He’s recorded as having attended lectures in chemistry, materia medica and therapeutics, anatomy and physiology, anatomical demonstrations, the principles and practice of medicine, clinical medicine and midwifery. Reference: Court of Examiners Candidates’ Qualification Entry Book, The Society of Apothecaries Archives, Apothecaries’ Hall, Black Friars Lane, London EC4V 6EJ. [Note: see the page on Richard Faircloth for more details.]

1836, 11th March:Richard Faircloth of Newmarket Surgeon’ elected as medical officer to district 7 of the newly formed Newmarket Union (there were seven districts, not defined). Reference: 611/11, Newmarket Union minutes, (Suffolk County Record Office, Bury St Edmunds). [Note: it’s likely that he was in Newmarket for a year or few before this – see the page on Richard Faircloth for further details and discussion.], [Note also, ‘Norton and Thomas of Newmarket’ were elected to a different district, as were Robert James Peck, and Robert Fyson. These appear to have been the four practices in town at this stage. There were briefly five in 1839 (see below), when Frederick Page is first recorded in town and Mark Bullen ‘of the firm Norton and Bullen’ was still alive.]

1839:Faircloth Richard, High st’ listed under ‘Surgeons & Apothecaries’ in ‘Newmarket and Neighbourhood’ Cambridgeshire. Reference: Pigot and Co.’s royal national and commercial directory and topography of the counties of Bedford, Cambridge, Essex, Herts, Huntingdon, Kent, Middlesex, Norfolk, Suffolk, Surrey and Sussex… . London & Manchester: J. Pigot & Co.; 1839, pg 65. [Note: Bullen Mark Edmund [sic], High st, Fyson Robert, High St, Page Frederick, High St, and Peck Robert James, High St are listed separately.]

1839: ‘Faircloth Richard’ listed under ‘surgeons’ in Newmarket, Cambridgeshire. Reference: Robson’s royal court guide and peerage, with the commercial directory of London and the six counties forming the Norfolk circuit, viz. Beds, Bucks, Cambridgeshire, Hunts, Norfolk, and Suffolk:… . London: William Robson & Co.; 1839, pg 48. [Note: Bullen MarkFyson RobertPage Frederick and Peck Robert James are listed separately.], [Note also, see the page on Frederick Page for an image.]

1847:FAIRCLOTH, RICHARD, New-market, Cambridge – Gen. Pract.; M.R.C.S. 1832; L.S.A. 1831.’ Reference: The Medical Directory. London: Churchill; 1847. [Note: this was the first edition with a provincial section.]

1874:Mr. Fyson deposed to a scarcity of lymph while the small-pox raged, and was confirmed by his assistant, Mr. WrightMr. C. L. [sic] Wing, assistant to Mr. Faircloth, was ex amined [line break without hyphen] at this point on behalf of Dr. Mead, and spoke of the difficulty of getting good lymph.’ Reference: The Bury and Norwich Post. Tuesday Sept 8 1874: 6. [Note: this shows not only that Charles Wing was Richard Faircloth’s assistant, but also that at this stage John Rowland Wright was still working with Robert Fyson.], [Note also, this was part of a report regarding an investigation by the Newmarket Union into alleged problems with the way in which Dr Mead had vaccinated some patients and some other issues.]

1877, 28th August: A local government inspector questioned the use of deputies to perform vaccinations, including Charles Wing for Richard Faircloth in Dullingham. The Newmarket Board defended these vaccinations as having been ‘well performed by Mr. C. E. Wing a duly qualified person’, but this incident seems to have caused Richard Faircloth to decide to resign again from this role (it wasn’t the first time – see the page on Richard Faircloth). Reference: 611/30, Newmarket Union minutes, (Suffolk County Record Office, Bury St Edmunds). [Note: it’s possible that this incident played a part in Charles Wing deciding to leave for Bury too.]

1877, 11th September:Mr John Rowland Wright was appointed Public Vaccinator of No. 2 District in the room of Mr Richard Faircloth resigned and a contract entered into upon the same terms as his predecessor…’ Reference: 611/30, Newmarket Union minutes, (Suffolk County Record Office, Bury St Edmunds). [Note: this might be the point at which John Rowland Wright entered a handover partnership with Richard Faircloth – see below.]

1878:WING, CHARLES EDWD., 71, Guildhall-st. Bury St. Edmunds – L.R.C.P. Edin. 1869; M.R.C.S. Eng. 1868; L.S.A. 1869; (Guy’s).’ Reference: The Medical Directory. London: Churchill; 1878. [Note: this was his first Bury entry in The Medical Directory.]

1878:FAIRCLOTH, RICHARD, Newmarket, Cambs – F.R.C.S. Eng. 1852, M. 1832; L.S.A. 1831; (Guy’s).’ Reference: The Medical Directory. London: Churchill; 1878. [Note: this was his last Newmarket entry in The Medical Directory (see 1879 below).]

1878:WRIGHT, JOHN ROWLAND, Newmarket. Cambs (Faircloth and Wright) – M.R.C.S. Eng. 1871; (St. Mary’s); late House Surg. Male Lock Hosp. Lond.’ Reference: The Medical Directory. London: Churchill; 1878. [Note: his 1879 Medical Directory entry continued to mention ‘Faircloth and Wright’, even though Richard Faircloth had moved to London (see 1879 below), presumably to emphasise the continuity of the business. In 1880 his entry was the same, but marked with a *, indicating that it had not been updated, then in 1881 it was updated to ‘Wright and Hutchinson’ – see the pages on John Rowland Wright and Walter Hutchinson, including images on the page about John Rowland Wright.]

1879:FAIRCLOTH, RICHARD, South Lodge, Camp-den-hill, Kensington, W. – F.R.C.S. Eng. 1852, M. 1832; L.S.A. 1831; (Guy’s and N’hamp.).’ Reference: The Medical Directory. London: Churchill; 1879. [Note: see the page on Richard Faircloth for more details.]

1880:HUTCHINSON, WALTER, Surg. P. and O. Co.’s Serv.– M.R.C.S. Eng. 1875; (King’s Coll.). Reference: The Medical Directory. London: Churchill; 1880. [Note: this is in the separate ‘Medical Officers of the Army and Navy, Indian Medical Service, and mercantile marine’ section.]

1880, 3rd January: Walter Hutchinson, M.R.C.S., Newmarket, published a paper in the Lancet entitled, ‘Rare case of intestinal obstruction of thirty-nine days’ duration; recovery.’ He stated that the case was ‘a short time ago’, but also mentions 11th May, so it was likely May 1879. Interestingly it states, ‘My partner, Mr. J. R. Wright, saw the lad.’ Reference: The Lancet 1880;115(2940):11-12. [Note: see the page on Walter Hutchinson for more details.]

1881:HUTCHINSON, WALTER, Newmarket, Cambs.– M.R.C.S. Eng. 1875; (King’s Coll.). Mem. Brit. Med. Assoc.; late Surg. U.S. Mail Line, and P. and O. Co.’s Serv. Contrib. “Rare Case of In-testinal Obstruction of 39 days’ duration – Re-covery,” Lancet, 1880.’ Reference: The Medical Directory. London: Churchill; 1881.

1881:WRIGHT, JOHN ROWLAND, Newmarket. Cambs (Wright and Hutchinson) – M.R.C.S. Eng. 1871; (St. Mary’s); late House Surg. Male Lock Hosp. Lond.’ Reference: The Medical Directory. London: Churchill; 1881. [Note: see the page on John Rowland Wright for an image.], [Note also, he mentions Wright and Hutchinson up to and including 1883 (although his 1883 entry is marked as not having been updated), after which Hutchinson is not mentioned in John Wright’s entry – see the page on John Rowland Wright.]

1881, 3rd/4th April: John R. Wright, aged 35, ‘Surgeon + general practitioner M.R.C.S.’, born in Small Heath, Warwick, and Walter Hutchinson, aged 28, ‘M.R.C.S. + General Practitioner’, with his wife Edith Wright, aged 31, born in Cannock, Staffordshire, son Cecil R, aged 7, daughter Josephine H. M., aged 4 (both born in Newmarket), unmarried sister Josephine H. Wright, aged 30, born in Leicester, and three servants, living in the High Street, Newmarket All Saints’ parish. Reference: The National Archives, 1881 census. [Note: see the page on Walter Hutchinson for an image.], [Note also, by comparing sequential census details, it can be seen that this was Richard Faircloth’s old house (see the page on the next door Grosvenor House) – see also the page on Richard Faircloth for a later image of this building.]

1884, 11th March: ‘This being the day fixed for the appointment of a Medical Officer for the second District of the Union the Clerk read a letter from Mr John R. Wright the present officer offering himself for re-election Also a letter from Mr Walter Hutchinson of Newmarket Surgeon applying for the appointment in the event of the Guardians being desirous of a change.’ Walter Hutchinson was elected to the role, including that of vaccinator. Reference: 611/32, Newmarket Union minutes, (Suffolk County Record Office, Bury St Edmunds). [Note: see the pages on John Rowland Wright and Walter Hutchinson for more details.]

1891, 5th/6th April: John R. Wright, aged 46, ‘General Medical Practitioner’, born in Birmingham, with his wife Edith, aged 41, born in Cannock, Staffordshire, daughter May, aged 14, unmarried sister Josephine, aged 40, born in Leicester, and two servants, living in Rous Villa, Newmarket. Reference: The National Archives, 1891 census. [Note: see Walter Hutchinson below.], [Note also, many years later the successors to Walter Hutchinson used Rous Villa as their surgery – see below. John Hansby Maund, John Wright’s successor, left Rous Villa about 1901/2 at the latest, quite likely earlier – see the pages on Rous Villa and John Hansby Maund for details.]

1891, 5th/6th April: Walter Hutchinson, aged 38, ‘General Medical Practitioner’, born in Leominster, with his wife Rosa M, aged 29, born in Kettering, son Thomas, aged 5 months, and three servants, living in between Grosvenor House and Willoughby House, High Street, Newmarket. Reference: The National Archives, 1891 census. [Note: see the page on Walter Hutchinson for an image.], [Note also, this building was Richard Faircloth’s old residence as can be seen by examining sequential census returns (see the page on the next door Grosvenor House), i.e. the same house that he was in on the 1881 census, but then it was the household of John Rowland Wright, who on this census was living in Rous Villa – see above.]

1899:HUTCHINSON, WALTER, Cardigan Lodge, Newmarket, Cambs – M.R.C.S. Eng. 1875; (King’s Coll.); Mem. Cambs Med. Soc.; Med. Off. and Pub. Vacc. 2nd Dist. Newmarket Union; Med Ref. Nat. Prov. and other Insur. Cos.; late Surg. U.S. Mail Line, and P. & O. Co. Contrib. “Rare Case of Intesti-nal Obstruction of 39 days’ duration – Recovery,” Lancet, 1880; “Case of Complete Inversion of the Uterus,” Ibid. 1889.’ Reference: The Medical Directory. London: Churchill; 1899. [Note: this is the first time he mentioned Cardigan Lodge, before that not specifying a particular house, just mentioning Newmarket, although his entry had not been updated since 1897.], [Note also, The Countess of Cardigan sold the house in 1895 to Lady Stamford, who subsequently sold it in 1897. Walter Hutchinson would have been a tenant. See the page on Cardigan Lodge for details.]

1903, 6th October: ‘A letter dated 5th instant was read from Walter Hutchinson in No2 District that he had taken Mr S. W. Woollett M.R.C.S, L.S.A. into partnership and asking that he may be appointed as his deputy for Public Vaccination and as District Medical Officer / It was resolved that the application be granted…’ Reference: 611/39, Newmarket Union minutes, (Suffolk County Record Office, Bury St Edmunds).

1903, 17th November: ‘The following letter was read from Dr Walter Hutchinson resigning his appointment as Medical Officer of the No2 District / Stourfield Park Sanatorium / Bournemouth / 4th Novr 1903 / Dear Sir, / It is with great regret that I write to place my resignation of medical officer of the Second District of the Newmarket Union in the hands of the Guardians my health has so completely broken down that there is no chance of my being able to do any work for many months my partner + successor Dr Woollett has been performing my duties since my illness + I feel sure that if the Guardians appoint him to the post they will find him a very efficient officer. And in conclusion I should like to thank the Guardians for many acts of courtesy + kindness that I have received at their hands / Believe me / Faithfully yours / Walter Hutchinson… whereupon it was resolved… the Newmarket Board of Guardians receive with deep regret the resignation of their medical officer for the No2 District (Dr Hutchinson) caused by his severe illness and beg to convey to him and Mrs Hutchinson their sympathy with the hope that he may have a speedy and complete recovery ’. Reference: 611/39, Newmarket Union minutes, (Suffolk County Record Office, Bury St Edmunds). [Note: see letter from Dr Woollett below.], [Note also, the fact that he was in a sanatorium would suggest that he was suffering from TB, a fact confirmed by his death certificate in 1905. Reference: Certified copy of an entry of death, given at the General Register Office, 15th May 2018.]

1903, 17th November: After the above reference: ‘The following application for the appointment as medical officer for No2 District was read from Mr S. W. Woollett / Newmarket / Nov 6 1903 / Sir / I beg to apply for the post of medical officer to the No2 District of the Newmarket Union, as Mr Hutchinson informs me that he has resigned this appointment, including the duties of Public Vaccinator. I have been in practice 25 years and I am well acquainted with the routine duties of a Poor Law appointment as I have been on a Public Health Committee of a Town Council for some years I understand the working of the Public Health and Vaccination Acts – I attend at a Surgery at Dullingham two afternoon [sic] a week where I am able to attend to Parish Patients – / I remain / Yours faithfully / Sidney winslow woollett [sic] / MRCS Eng LSA London’. Reference: 611/39, Newmarket Union minutes, (Suffolk County Record Office, Bury St Edmunds). [Note: he was appointed unanimously with immediate effect (it’s of note also that he was described as ‘of Cardigan Lodge Newmarket’, and as with previous appointments to this post it was noted that he did not live in the district (which comprised Brinkley, Borough Green, Westley Waterless, Dullingham, Stetchworth and Snailwell) but ‘there being no medical man residing within the said district.’]

1927:WOOLLETT, SIDNEY WINSLOW, O.B.E., Cardigan Lodge, Newmarket – M.R.C.S. Eng. 1879; L.S.A. 1878; (King’s Coll.); Surg. Rous Memor. Hosp.; Med. Off. & Pub. Vacc. 2nd Dist. Newmarket Union; Med. Off. P.O.; Maj. (late R.A.M.C., twice mentioned in Gazette); Med. Off. i/c of Troops, Newmarket; Hon. Life Mem. St. John Ambl. Assn.; Mem. B.M.A., Surg.-Maj. Retired 1st Norf. V. Artill.; late Asst. Med. Off. Middlx. Co. Asyl. Banstead, Peckham House Asyl., and Sussex and Brandenburgh House, Hammersmith.’ Reference: The Medical Directory. London: Churchill; 1927. [Note: this was the last year that he mentioned Cardigan Lodge – see 1928 below.]

1928:WOOLLETT, SIDNEY WINSLOW, O.B.E., Kingston House, Newmarket (Tel.18)– M.R.C.S. Eng. 1879; L.S.A. 1878; (King’s Coll.); Surg. Rous Memor. Hosp.; Med. Off. & Pub. Vacc. 2nd Dist. Newmarket Union; Maj. (late R.A.M.C., twice mentioned in Gazette); Hon. Life Mem. St. John Ambl. Assn.; Mem. B.M.A., Surg.-Maj. Retired 1st Norf. V. Artill.; late Asst. Med. Off. Middlx. Co. Asyl. Banstead, Peckham House Asyl., and Sussex and Brandenburgh House, Hammersmith.’ Reference: The Medical Directory. London: Churchill; 1928. [Note: this was the first year that he mentioned Kingston House – see 1927 above.]

1928, 9th June: Under the heading ‘Death of Dr. S. Winslow Woollett’ the Newmarket Journal reported, ‘We record with sincerest regret the death of Dr. Sidney Winslow Woollett, who passed away at his residence, Kingston House, Newmarket, yesterday (Thursday) evening after a long illness, in his 72nd year. / Dr. Woollett… practised at Southwold before he succeeded the late Dr. W. Hutchinson in practice at Newmarket 24 years ago.’ Reference: The Newmarket Journal. Saturday Jun 9 1928: 5. [Note: see the page on Sidney Winslow Woollett for more details.]

1928, 16th June: Under the heading ‘Funeral of Dr. S. Winslow Woollett’ the Newmarket Journal reported amongst the ‘principal mourners’, aside from his widow and members of the family, ‘Dr J Davis (assistant)’ and in the floral tributes ‘A last remembrance of one who commanded my sincere respect and friendship – Dr J Davis (King-ston House)’. Also present at the funeral were Drs Clement, Gilbert and Norman Gray, Dr Maund, Miss Langridge, matron of the Rous Memorial Hospital, Mrs E S Heasman, matron of ‘New-market Infirmary’ and ‘The staff of the Newmarket Post Office (for whom Dr Woollett was medical officer for about 22 years)’. Reference: The Newmarket Journal. Saturday Jun 16 1928: 12. [Note: see the page on Sidney Winslow Woollett for more details.]

1936: In the section divided up by streets, ‘Kingston House, Davis, Dr. Joseph. (Phone 18).’ in the Kingston Passage section, and in the alphabetical list of names, ‘Davis, Dr. Joseph, Kingston house, Kingston passage’. Reference: Newmarket & District Annual & Directory. Newmarket: Eastern Counties Supplies Ltd.; 1936-37 edition, pages 106 & 137. [Note: see the pages on Dr Joseph (Joe) Davis and Kingston House for more details.]

1937:Davis Jsph. M.B., B.S.Durh. Physcn. medical officer & public vaccinator to Newmarket Rural District Coun-cil, district No.2, Rous villa, Rous rd. TN 18’ listed in the Newmarket Commercial section of Kelly’s Directory. Reference: Kelly’s directory of the county of Cambridgeshire. London: Kelly’s Directories Ltd.; 1937, pgs 215-223 Newmarket section.

1993, 1st May: Report in ‘The Journal’ regarding a tree planting ceremony that took place on Saturday 1st May to mark the official opening of Oakfield Surgery, including the comment, ‘the town’s Rous Road surgery – which has now moved to the purpose-built premises in Vicarage Road’. The article includes a picture of the tree planting with the surgery’s GPs, who were Drs Arthur, Silverston, White and Griffiths. Reference: The Newmarket Journal. Thursday May 6 1993: 1. [Note: oddly the title of this article is ‘Hospital campaigner has VIP role as surgery opens’ emphasising the VIP hospital campaigner more than the surgery opening. The future of Newmarket Hospital was a hot topic at the time, hence this emphasis – see the page on Newmarket Hospital for more details.]

Some other sources consulted include:-

Personal correspondence and discussion with those who have living memory of Oakfield Surgery, including doctors, staff and patients.

Personal correspondence and discussion with those who have living memory of Rous Surgery, including doctors, staff and patients.

Shops History Newmarket. http://www.newmarketshops.info/index.html. [Note: newmarketshops.info has been supplied with information regarding the medical history of Newmarket by the author of talkingdust.net since August 2013 (see footnotes on some of the pages). Both websites continue to be developed, and in this sense are mutually symbiotic.]

The Medical Directory. London: Churchill. [Note: this publication has been known by various titles over the years. Initially it just covered London, but from 1847 it had a wider remit, being variously known as the London and Provincial Medical Directory, The Medical Directories, The Medical Directory, etc., essentially the same work with minor variations and developments. It is usually referred to as The Medical Directory (as opposed to The Medical Register), so that is how it’s consistently referred to on talkingdust.net.]

The Medical Register. London: General Medical Council.

Note: For published material referenced on this website see the ‘Acknowledgements for resources of published material’ section on the ‘Usage &c.’ page. The sources used for original unpublished documents are noted after each individual reference. Any census records are referenced directly to The National Archives, since images of these are so ubiquitous on microfilm and as digital images that they almost function like published works. Census records are covered by the ‘Open Government Licence’ as should be other such public records (see the ‘Copyright and related issues’ section on the ‘Usage &c.’ page for which references constitute public records, and any other copyright issues more generally such as fair dealing/use etc.).