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Alcock V Chief Constable Of South Yorkshire Police
is a leading English tort law case on liability for nervous shock (psychiatric injury). The case centred upon the liability of the police for the nervous shock suffered in consequence of the events of the Hillsborough disaster. Facts ''Alcock'' concerned psychiatric harm caused by the Hillsborough disaster of 1989. This occurred at the Hillsborough Stadium, Hillsborough Football Stadium, Sheffield during the FA Cup Semi-Final in which 96 spectators were killed and 450 injured in a human crush. The disaster was broadcast live on television and radio. Despite considerable public controversy, South Yorkshire Police had admitted liability in negligence for the deaths, having allowed too many supporters into the stadium. In the ''Alcock'' case, 10 relatives of the deceased brought negligence claims in tort for psychiatric harm or nervous shock. Of the claimants, most had not been present in the stadium at the time of the disaster and none had been in physical risk. Most had sustaine ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Plaintiff
A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (e.g., an order for damages). "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant". In some jurisdictions, a lawsuit is commenced by filing a summons, claim form or a complaint. These documents are known as pleadings, that set forth the alleged wrongs committed by the defendant or defendants with a de ...
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English Psychiatric Injury Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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English Tort Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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Taylor Report
The Hillsborough Stadium Disaster Inquiry report is the report of an inquiry which was overseen by Lord Justice Taylor, into the causes of the Hillsborough disaster in Sheffield, South Yorkshire, England, on 15 April 1989, as a result of which, at the time of the report, 95 Liverpool F.C. fans had died (a 96th fan died in 1993, and 97th in 2021). An interim report was published in August 1989, and the final report was published in January 1990. The Taylor Report found that the main reason for the disaster was the failure of police control. It recommended that all major stadiums convert to an all-seater model, and that all ticketed spectators should have seats, as opposed to some or all being obliged to stand. The Football League in England and the Scottish Football League introduced regulations that required clubs in the highest divisions (top two divisions in the English system) to comply with this recommendation by August 1994. The report stated that standing accommodation wa ...
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Nervous Shock (English Law)
In English law, a nervous shock is a psychiatry, psychiatric / mental illness or injury inflicted upon a person by intentional or negligence, negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. Definition To amount in law to "nervous shock", the psychiatric damage suffered by the claimant must extend beyond grief or emotional distress to a recognised mental illness, such as anxiety neurosis or reactive depression. Damages for Grief, bereavement suffered as a result of the wrongful death of a close one are available under the Fatal Accidents Act 1976, while courts can also award ...
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White V Chief Constable Of The South Yorkshire Police
''White v Chief Constable of the South Yorkshire Police'' was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary victims" "since none of them were at any time exposed to personal danger nor reasonably believed themselves to be so". The decision could have been disposed of in the manner of Chadwick v British Railways Board, where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. This was not followed and the "rescuers" category was thus limited in terms of people acting in the course of their job. See also *''Alcock v Chief Constable of South Yorkshire Police'' References External linksHouse of Lords judgment
{{DISPLAYTITLE:''White v Chief Constable of the South Yor ...
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Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring. The first term is prevalent in the United Kingdom, the second is prevalent in the Commonwealth, and the third one is prevalent in the United States. Work The functions of a law commission body include drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws and making recommendations on repealing obsolete or spent laws. Law commissions often undertake projects focusing on legislation, although their mandates may be narrower or broader. List of law commissions *: Australian Law Reform Commission *: the Law Commission of Canada was established by the Law Commission of Canada Act on July 1, 1997 and was eliminated in 2006. It replaced the ...
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Floodgates Argument
The floodgates principle, or the floodgates argument, is a legal principle which is sometimes applied by judges to restrict or limit the right to make claims for Damages (law), damages because of a concern that permitting a claimant to recover in such situations might open the metaphorical "floodgates" to large numbers of claims and lawsuits. The principle is most frequently cited in common law jurisdictions, and in English tort law in particular. Most of the situations in which the courts have employed the floodgates argument have revolved around liability in tort, and in particular in relation to the liability for nervous shock or for pure economic loss. The rationale in which the floodgates principle has been applied may vary. In some cases it is expressed to be a constraint upon when a defendant will owe a duty of care, in others it is expressed to be a limitation upon the Remoteness in English law, remoteness of damage for which a defendant should be held responsible for. ...
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Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African-British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English Ba ...
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Eggshell Skull
The eggshell rule (also thin skull rule, papier-mâché-plaintiff rule, or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them. Law This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).. The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury.''Nader v Urban Transit Authority of NSW'' (1985) 2 NSWLR 501, Court of Appeal (NSW, Australia) per McHugh JALawCite records. It may also take into acco ...
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Siblings
A sibling is a relative that shares at least one parent with the subject. A male sibling is a brother and a female sibling is a sister. A person with no siblings is an only child. While some circumstances can cause siblings to be raised separately (such as foster care), most societies have siblings grow up together. This causes the development of strong emotional bonds, with siblinghood considered a unique type of relationship unto itself. The emotional bond between siblings is often complicated and is influenced by factors such as parental treatment, birth order, personality, and personal experiences outside the family. Medically, a full sibling is a first-degree relative and a half sibling is a second-degree relative as they are related by 50% and 25% respectively. Definitions The word ''sibling'' was reintroduced in 1903 in an article in '' Biometrika'', as a translation for the German ''Geschwister'', having not been used since 1425. Siblings or full siblings ( 'full' ...
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