Edwards V National Coal Board
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Edwards V National Coal Board
''Edwards v. National Coal Board'' was an important case in English case law. The 1949 case revolved around whether it was "reasonably practicable" to prevent even the smallest possibility of a rock fall in a coal mine. Underlying facts Mr Edwards died in an accident after the supporting structure for the mine roadway gave way. The National Coal Board argued that it was too expensive to shore up every roadway in all of the mines. The case turned when it was decided that it was not 'all of the roadways' that needed shoring up; just the ones that required it. In essence this established the need to carry out a risk assessment to establish the cost, time and trouble to mitigate a risk balanced against the risk of any harm it might cause. Asquith stated in his judgement: Significance This case established the concept of "reasonable practicability." The Court of Appeal decided that "reasonably practicable" was a more narrowly defined phrase than what was "physically possible." This ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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ALARP
ALARP ("as low as reasonably practicable"), or ALARA ("as low as reasonably achievable"), is a principle in the regulation and management of safety-critical and safety-involved systems. The principle is that the residual risk shall be reduced as far as reasonably practicable. In UK and NZ Health and Safety law, it is equivalent to SFAIRP ("so far as is reasonably practicable"). In the US, ALARA is used in the regulation of radiation risks. For a risk to be ALARP, it must be possible to demonstrate that the cost involved in reducing the risk further would be grossly disproportionate to the benefit gained. The ALARP principle arises from the fact that infinite time, effort and money could be spent in the attempt of reducing a risk to zero; not the fact that reducing the risk in half would require a finite time, effort and money. It should not be understood as simply a quantitative measure of benefit against detriment. It is more a best common practice of judgement of the balance of r ...
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Coal Mine
Coal mining is the process of extracting coal from the ground. Coal is valued for its energy content and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from iron ore and for cement production. In the United Kingdom and South Africa, a coal mine and its structures are a colliery, a coal mine is called a 'pit', and the above-ground structures are a 'pit head'. In Australia, "colliery" generally refers to an underground coal mine. Coal mining has had many developments in recent years, from the early days of men tunneling, digging and manually extracting the coal on carts to large open-cut and longwall mines. Mining at this scale requires the use of draglines, trucks, conveyors, hydraulic jacks and shearers. The coal mining industry has a long history of significant negative environmental impacts on local ecosystems, health impacts on local communities and workers, and contributes heavily to th ...
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Risk Assessment
Broadly speaking, a risk assessment is the combined effort of: # identifying and analyzing potential (future) events that may negatively impact individuals, assets, and/or the environment (i.e. hazard analysis); and # making judgments "on the tolerability of the risk on the basis of a risk analysis" while considering influencing factors (i.e. risk evaluation). Put in simpler terms, a risk assessment determines possible mishaps, their likelihood and consequences, and the tolerances for such events. The results of this process may be expressed in a quantitative or qualitative fashion. Risk assessment is an inherent part of a broader risk management strategy to help reduce any potential risk-related consequences. Need Individual risk assessment Risk assessment are done in individual cases, including patient and physician interactions. Individual judgements or assessments of risk may be affected by psychological, ideological, religious or otherwise subjective factors, which impa ...
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Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Courts of England and Wales#Senior Courts of England and Wales, Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ...
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National Coal Board
The National Coal Board (NCB) was the statutory corporation created to run the nationalised coal mining industry in the United Kingdom. Set up under the Coal Industry Nationalisation Act 1946, it took over the United Kingdom's collieries on "vesting day", 1 January 1947. In 1987, the NCB was renamed the British Coal Corporation, and its assets were subsequently privatised. Background Collieries were taken under government control during the First and Second World Wars. The Sankey Commission in 1919 gave R. H. Tawney, Sidney Webb and Sir Leo Chiozza Money the opportunity to advocate nationalisation, but it was rejected. Coal reserves were nationalised during the war in 1942 and placed under the control of the Coal Commission, but the mining industry remained in private hands. At the time, many coal companies were small, although some consolidation had taken place in the years before the war. Formation and organisation The NCB was one of a number of public corporations cr ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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1949 In The Environment
Events January * January 1 – A United Nations-sponsored ceasefire brings an end to the Indo-Pakistani War of 1947. The war results in a stalemate and the division of Kashmir, which still continues as of 2022. * January 2 – Luis Muñoz Marín becomes the first democratically elected Governor of Puerto Rico. * January 11 – The first "networked" television broadcasts take place, as KDKA-TV in Pittsburgh, Pennsylvania goes on the air, connecting east coast and mid-west programming in the United States. * January 16 – Şemsettin Günaltay forms the new government of Turkey. It is the 18th government, last single party government of the Republican People's Party. * January 17 – The first VW Type 1 to arrive in the United States, a 1948 model, is brought to New York by Dutch businessman Ben Pon. Unable to interest dealers or importers in the Volkswagen, Pon sells the sample car to pay his travel expenses. Only two 1949 models are sold in Americ ...
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1949 In British Law
Events January * January 1 – A United Nations-sponsored ceasefire brings an end to the Indo-Pakistani War of 1947. The war results in a stalemate and the division of Kashmir, which still continues as of 2022. * January 2 – Luis Muñoz Marín becomes the first democratically elected Governor of Puerto Rico. * January 11 – The first "networked" television broadcasts take place, as KDKA-TV in Pittsburgh, Pennsylvania goes on the air, connecting east coast and mid-west programming in the United States. * January 16 – Şemsettin Günaltay forms the new government of Turkey. It is the 18th government, last single party government of the Republican People's Party. * January 17 – The first VW Type 1 to arrive in the United States, a 1948 model, is brought to New York by Dutch businessman Ben Pon. Unable to interest dealers or importers in the Volkswagen, Pon sells the sample car to pay his travel expenses. Only two 1949 models are sold in Americ ...
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