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Compensation Act 2006
The Compensation Act 2006 (c 29) is an Act of the Parliament of the United Kingdom, introduced in response to concerns about a growing compensation culture but conversely to ensure that the public received dependable service from claims management companies. In introducing the Bill, Baroness Ashton said that it was intended "to tackle perceptions that can lead to a disproportionate fear of litigation and risk averse behaviour; to find ways to discourage and resist bad claims; and to improve the system for those with a valid claim for compensation." The Act brought in specific changes to the law of liability and damages in negligence and breach of statutory duty. It further introduced a scheme of regulation for claims management companies. Liability Section 1 of the Act makes statutory provision that, in determining whether the omission of certain steps amounts to a breach of duty, the court ''may'' consider whether such steps, had they been performed, would prevent some desira ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Short Title
In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The long title (properly, the title in some jurisdictions) is the formal title appearing at the head of a statute (such as an act of Parliament or of Congress) or other legislative instrument. The long title is intended to provide a summarised description of the purpose or scope of the instrument. Like other descriptive components of an act (such as the preamble, section headings, side notes, and short title), the long title seldom affects the operative provisions of an act, except where the operative provisions are unclear or ambiguous and the long title provides a clear statement of the legislature's intention. The short title is the formal name by which legislation may by law be cited. It contrasts with the long title which, while usual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Duty In English Law
In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances. General standard of care is as follows For a defendant to be deemed negligent, he must have breached his duty of care towards the plaintiff. In order to be deemed as breaching the duty of care, his actions must be proven to fall below the standard of care likely to be taken by the reasonable man. Establishing a breach of duty and ascertaining the standard of care is complex and before establishing that the duty of care has been breached the plaintiff must first prove that the defendant owed him a duty of care. The standard of care is defined as the measures that a reasonable person (in the circumstances of the defendant) take to reduce the risk of harm. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jointly And Severally Liable
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jointly And Severally Liable
Where two or more persons are liable in respect of the same liability, in most common law legal systems they may either be: * jointly liable, or * severally liable, or * jointly and severally liable. Joint liability If parties have joint liability, then they are each liable up to the full amount of the relevant obligation. So if a married couple takes a loan from a bank, the loan agreement will normally provide that they are to be "jointly liable" for the full amount. If one party dies, disappears, or is declared bankrupt, the other individual remains fully liable. Accordingly, the bank may sue all living co-promisors for the full amount. However, in suing, the creditor has only one cause of action; i.e., the creditor can sue for each debt only once. If, for example, there are three partners, and the creditor sues all of them for the outstanding loan amount and one of them pays the liability, the creditor cannot recover further amounts from the partners who did not contribute ... [...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] |
Asbestos Fibers
Asbestos () is a naturally occurring fibrous silicate mineral. There are six types, all of which are composed of long and thin fibrous crystals, each fibre being composed of many microscopic "fibrils" that can be released into the atmosphere by abrasion and other processes. Inhalation of asbestos fibres can lead to various dangerous lung conditions, including mesothelioma, asbestosis, and lung cancer, so it is now notorious as a serious health and safety hazard. Archaeological studies have found evidence of asbestos being used as far back as the Stone Age to strengthen ceramic pots, but large-scale mining began at the end of the 19th century when manufacturers and builders began using asbestos for its desirable physical properties. Asbestos is an excellent electrical insulator and is highly fire-resistant, so for much of the 20th century it was very commonly used across the world as a building material, until its adverse effects on human health were more widely acknowledged ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pleural
The pleural cavity, pleural space, or interpleural space is the potential space between the pleurae of the pleural sac that surrounds each lung. A small amount of serous pleural fluid is maintained in the pleural cavity to enable lubrication between the membranes, and also to create a pressure gradient. The serous membrane that covers the surface of the lung is the visceral pleura and is separated from the outer membrane the parietal pleura by just the film of pleural fluid in the pleural cavity. The visceral pleura follows the fissures of the lung and the root of the lung structures. The parietal pleura is attached to the mediastinum, the upper surface of the diaphragm, and to the inside of the ribcage. Structure In humans, the left and right lungs are completely separated by the mediastinum, and there is no communication between their pleural cavities. Therefore, in cases of a unilateral pneumothorax, the contralateral lung will remain functioning normally unless there is a ... [...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] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Asbestos And The Law
The mineral asbestos is subject to a wide range of laws and regulations that relate to its production and use, including mining, manufacturing, use and disposal. Injuries attributed to asbestos have resulted in both workers' compensation claims and injury litigation. Health problems attributed to asbestos include asbestosis, mesothelioma, lung cancer, and diffuse pleural thickening. One of the major issues relating to asbestos in civil proceedings is the latency of asbestos-related diseases. Most countries have limitation periods to bar actions that are taken long after the cause of action has lapsed. For example, in Malaysia the time period to file a tort action is six years from the time the tort occurred. Due to several asbestos-related actions, countries such as Australia have amended their laws relating to limitations to accumulate starting from time of discovery rather than time when the cause of action accrued. The first employee claims for injury from exposure to asbestos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthophyllite Asbestos SEM
Anthophyllite is an orthorhombic amphibole mineral: ☐Mg2Mg5Si8O22(OH)2 (☐ is for a vacancy, a point defect in the crystal structure), magnesium iron inosilicate hydroxide. Anthophyllite is polymorphic with cummingtonite. Some forms of anthophyllite are lamellar or fibrous and are classed as asbestos. The name is derived from the Latin word ''anthophyllum'', meaning ''clove'', an allusion to the most common color of the mineral. The Anthophyllite crystal is characterized by its perfect cleavage along directions 126 degrees and 54 degrees. Occurrence Anthophyllite is the product of metamorphism of magnesium-rich rocks, especially ultrabasic igneous rocks and impure dolomitic shales. It also forms as a retrograde product rimming relict orthopyroxenes and olivine, and as an accessory mineral in cordierite-bearing gneisses and schists. Anthophyllite also occurs as a retrograde metamorphic mineral derived from ultramafic rocks along with serpentinite. Occurrence in ultrama ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
