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Bailey V Ministry Of Defence
''Bailey v Ministry of Defence'' 008EWCA Civ 883is an English tort law case. It concerns the problematic question of factual causation, and the interplay of the "but for" test and its relaxation through a "material contribution" test. Facts Miss Grannia Geraldine Bailey went on a holiday to Kenya with her fiance in late September 2000. She came back with what was suspected to be gallstones. In early January 2001 she was admitted to Royal Hospital Haslar (a hospital for civilian National Health Service, NHS patients, but also used and run by the Ministry of Defence (United Kingdom), Ministry of Defence). At the hospital there were complications during the ERCP procedure to remove the stones from her bile duct. She bled extensively, but was put in a ward with little supervision. She was not resuscitated properly during the night, and she was very unwell in the morning. She got worse. At the same time (but this was ''not'' related to the hospital's lack of care) Miss Bailey deve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waller LJ
Sir George Mark Waller PC (born 13 October 1940) is a former Lord Justice of Appeal who served as the Vice-President of the Civil Division of the Court of Appeal of England and Wales. The son of the Rt Hon Sir George Waller, he was educated at Oundle School and read law at King's College, Durham (now Newcastle University) before being called to the Bar in 1964 and is a Bencher at Gray's Inn. He became a Queen's Counsel in 1979, and was served as a Recorder from 1986 to 1989. He was appointed to the Queen's Bench Division of the High Court of Justice on 25 May 1989, being awarded the customary knighthood, and served until 1996. He was Presiding Judge of the North Eastern Circuit from 1992 to 1995. He was appointed to the Court of Appeal on 1 October 1996, and appointed a Privy Counsellor at that time. He served as Chairman of the Judicial Studies Board from 1999 to 2003, and has served as President of the Council of Inns of Court and the Bar since 2003. He was Vice-President of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hypoxia (medical)
Hypoxia is a condition in which the body or a region of the body is deprived of adequate oxygen supply at the tissue level. Hypoxia may be classified as either '' generalized'', affecting the whole body, or ''local'', affecting a region of the body. Although hypoxia is often a pathological condition, variations in arterial oxygen concentrations can be part of the normal physiology, for example, during strenuous physical exercise.. Hypoxia differs from hypoxemia and anoxemia, in that hypoxia refers to a state in which oxygen present in a tissue or the whole body is insufficient, whereas hypoxemia and anoxemia refer specifically to states that have low or no oxygen in the blood. Hypoxia in which there is complete absence of oxygen supply is referred to as anoxia. Hypoxia can be due to external causes, when the breathing gas is hypoxic, or internal causes, such as reduced effectiveness of gas transfer in the lungs, reduced capacity of the blood to carry oxygen, compromised general ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barker V Corus (UK) Plc
''Barker v Corus (UK) plc'' House of Lords decision in the area of industrial liability in English tort law, which deals with the area of Causation in English law, causation. In this case, the House of Lords reconsidered its ruling in the earlier landmark case ''Fairchild v Glenhaven Funeral Services Ltd'' concerning the liability of multiple tortfeasors. The main question in this case was whether the solvent employers should pick up the proportion of the damage for which the insolvent employers were responsible. In other words, should a tortfeasor or a claimant bear the risk of the other tortfeasors going insolvent? Facts Like in ''Fairchild v Glenhaven Funeral Services Ltd'', the claimants had contracted mesothelioma after having worked for a number of different employers, all of whom had negligently exposed them to asbestos. What distinguishes this case from Fairchild is that the conduct of the employers of the claimants were not exclusively tortious. Mesothelioma is a fatal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
De Minimis Non Curat Lex
''De minimis'' is a Latin expression meaning "pertaining to minimal things", normally in the terms ''de minimis non curat praetor'' ("The praetor does not concern himself with trifles") or ''de minimis non curat lex'' ("The law does not concern itself with trifles"), a legal doctrine by which a court refuses to consider trifling matters. Queen Christina of Sweden (r. 1633–1654) favoured the similar Latin adage, ''aquila non capit muscās'' (the eagle does not catch flies). The legal history of ''de minimis'' dates back to the 15th century. The general term has come to have a variety of specialised meanings in various contexts as shown below, which indicate that beneath a certain low level a quantity is regarded as trivial, and treated commensurately. Examples of application of the ''de minimis'' rule Taxation Under U.S. tax rules, the ''de minimis'' rule governs the treatment of small amounts of market discount. Under the rule, if a bond is purchased with a small a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pneumoconiosis
Pneumoconiosis is the general term for a class of interstitial lung disease where inhalation of dust ( for example, ash dust, lead particles, pollen grains etc) has caused interstitial fibrosis. The three most common types are asbestosis, silicosis, and coal miner's lung. Pneumoconiosis often causes restrictive impairment, although diagnosable pneumoconiosis can occur without measurable impairment of lung function. Depending on extent and severity, it may cause death within months or years, or it may never produce symptoms. It is usually an occupational lung disease, typically from years of dust exposure during work in mining; textile milling; shipbuilding, ship repairing, and/or shipbreaking; sandblasting; industrial tasks; rock drilling (subways or building pilings); or agriculture. It is one of the most common occupational diseases in the world. Types Depending upon the type of dust, the disease is given different names: * Coalworker's pneumoconiosis (also known as coal miner' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bonnington Casting Ltd V Wardlaw
Bonnington is a dispersed village and civil parish on the northern edge of the Romney Marsh in Ashford District of Kent, England. The village is located to the south of the town of Ashford on the B2067 (Hamstreet to Hythe road). Bonnington has under 100 inhabitants and has historic connections with smuggling. The parish used to boast its own school at the T-junction with the former B2069, and a public house (The Oak) located nearly two miles southeast of the village. The parish church, dedicated to St Rumwold, the child saint, is about half a mile to the south of the hamlet, on the Royal Military Canal. The parish council is now linked with the larger village of Aldington (where the population is now included) which is where the nearest shops can be found. Location and landscape The small parish of Bonnington in the English county of Kent lies between the town of Ashford to the west (5 miles distant) and the coastal town of Hythe to the east (6 miles distant). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Retrolental Fibroplasia
Retinopathy of prematurity (ROP), also called retrolental fibroplasia (RLF) and Terry syndrome, is a disease of the eye Eyes are organs of the visual system. They provide living organisms with vision, the ability to receive and process visual detail, as well as enabling several photo response functions that are independent of vision. Eyes detect light and conv ... affecting Preterm birth, prematurely born babies generally having received Neonatal intensive care unit, neonatal intensive care, in which oxygen therapy is used due to the premature development of their lungs. It is thought to be caused by disorganized growth of retinal blood vessels which may result in scarring and retinal detachment. ROP can be mild and may resolve spontaneously, but it may lead to blindness in serious cases. Thus, all preterm babies are at risk for ROP, and very low birth-weight is an additional risk factor. Both oxygen toxicity and relative Hypoxia (medical), hypoxia can contribute to the dev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregg V Scott
''Gregg v Scott'' 005UKHL 2is an English tort law case, on the issue of loss of a chance, in causation. It affirms the principle of ''Hotson v East Berkshire Area Health Authority'', on a narrow margin of 3 to 2. Lord Nicholls' dissent is of particular note, in arguing that loss of a chance should be actionable. Facts The defendant, Dr Scott, negligently misdiagnosed the plaintiff's malignant cancer, (non-Hodgkin Lymphoma) stating it to be a benign collection of fatty tissue and thus no further treatment was needed. This had the effect of delaying Mr Gregg's treatment by nine months, reducing his chances of surviving ten years from 42% to 25%. Under the earlier decision of ''Hotson v East Berkshire Area Health Authority'', the view taken at first instance, and by the Court of Appeal, the claimant could not establish the defendant had prevented him being cured, as his original chance of a cure was below 50%. The plaintiff argued that he was entitled to recover for the loss of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fairchild V Glenhaven Funeral Services Ltd
''Fairchild v Glenhaven Funeral Services Ltd'' [2002UKHL 22is a leading case on causation in English tort law. It concerned malignant, malignant mesothelioma, a deadly disease caused by breathing asbestos fibres. The House of Lords approved the test of "materially increasing risk" of harm, as a deviation in some circumstances from the ordinary "balance of probabilities" test under the "but for" standard. Facts Mr Fairchild had worked for a number of different employers, as a subcontractor for Leeds City Council, all of whom had negligently exposed him to asbestos. Mr Fairchild contracted pleural mesothelioma. He died, and his wife was suing the employers on his behalf for negligence. A number of other claimants were in similar situations, and joined in on the appeal. The problem was, a single asbestos fibre, inhaled at any time, can trigger mesothelioma. The risk of contracting an asbestos related disease increases depending on the amount of exposure to it. However, because of lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wilsher V Essex Area Health Authority
''Wilsher v Essex Area Health Authority'' 988AC 1074 is an English tort law case concerning the "material increase of risk" test for causation. Facts The defendant hospital, initially acting through an inexperienced junior doctor, negligently administered excessive oxygen during the post-natal care of a premature child who subsequently became blind. Excessive oxygen was, according to the medical evidence, one of five possible factors that could have led to blindness. On the "balance of probabilities" test, the hospital would not be liable, since it was more likely that one of the alternate risks had caused the injury. The Court of Appeal applied the "material increase of risk" test, first espoused in '' McGhee v National Coal Board''. The Court found that since the hospital breached its duty and thus increased the risk of harm, and that the plaintiff's injury fell within the ambit of that risk, the hospital was liable despite the fact the plaintiff had not proved the hospital's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hotson V East Berkshire Area Health Authority
''Hotson v East Berkshire Area Health Authority'' 9872 All ER 909 is an English tort law case, about the nature of causation. It rejects the idea that people can sue doctors for the loss of a chance to get better, when doctors fail to do as good a job as they could have done. Facts A 13-year-old boy fell out of a tree. He went to hospital where his hip was examined, but an incorrect diagnosis was made. After 5 days it was found that he was suffering from avascular necrosis. This was more advanced and serious than if it had been spotted straight away. By the age of 20 years, there was deformity of the hip joint, restricted mobility and permanent disability. The judge found that even if the diagnosis had made correctly, there was still a 75% risk of the plaintiff's disability developing, but that the medical staff's breach of duty had turned that risk into an inevitability, thereby denying the plaintiff a 25% chance of a good recovery. At first instance, damages were quantified at ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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