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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 ...
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House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ...
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David Hope, Baron Hope Of Craighead
James Arthur David Hope, Baron Hope of Craighead, (born 27 June 1938) is a retired Scottish judge who served as the first Deputy President of the Supreme Court of the United Kingdom from 2009 until his retirement in 2013, having previously been the Second Senior Lord of Appeal in Ordinary. He served as Convenor of the Crossbench peers in the House of Lords from 2015 to 2019. Early life A descendant of Charles Hope, Lord Granton, Lord President of the Court of Session from 1811 to 1841 through his third son, David Hope was born on 27 June 1938 to Edinburgh lawyer Arthur Henry Cecil Hope, OBE, WS and Muriel Ann Neilson Hope (''née'' Collie), and educated at Edinburgh Academy and Rugby School. He completed National Service as an officer with the Seaforth Highlanders, between 1957 and 1959, where he reached the rank lieutenant. In 1959 he commenced his studies as an Open Scholar at St John's College, Cambridge where he read Classics. He graduated with a B.A. degree in 1962. H ...
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English Causation 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 * E ...
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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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Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Coudert Brothers V Normans Bay Ltd
Coudert may refer to: * Coudert (surname) *Coudert Brothers, a New York law firm See also * Lurquin-Coudert, a French automobile *Rapp-Coudert Committee The Rapp-Coudert Committee was the colloquial name of the New York State Legislature's Joint Legislative Committee to Investigate the Educational System of the State of New York. Between 1940 and 1942, the Rapp-Coudert Committee sought to identify ...
, a New York State Legislature committee {{Disambiguation ...
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Smith V National Health Service Litigation
Smith may refer to: People * Metalsmith, or simply smith, a craftsman fashioning tools or works of art out of various metals * Smith (given name) * Smith (surname), a family name originating in England, Scotland and Ireland ** List of people with surname Smith * Smith (artist) (born 1985), French visual artist Arts and entertainment * Smith (band), an American rock band 1969–1971 * ''Smith'' (EP), by Tokyo Police Club, 2007 * ''Smith'' (play), a 1909 play by W. Somerset Maugham * ''Smith'' (1917 film), a British silent film based on the play * ''Smith'' (1939 film), a short film * ''Smith!'', a 1969 Disney Western film * ''Smith'' (TV series), a 2006 American drama * ''Smith'', a 1932 novel by Warwick Deeping * ''Smith'', a 1967 novel by Leon Garfield and a 1970 TV adaptation Places North America * Smith, Indiana, U.S. * Smith, Kentucky, U.S. * Smith, Nevada, U.S. * Smith, South Carolina, U.S. * Smith Village, Oklahoma, U.S. * Smith Park (Middletown, Connecticut), ...
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Herskovits V Group Health Cooperative Of Puget Sound
Melville Jean Herskovits (September 10, 1895 – February 25, 1963) was an American anthropologist who helped to first establish African and African Diaspora studies in American academia. He is known for exploring the cultural continuity from African cultures as expressed in African-American communities. He worked with his wife Frances (Shapiro) Herskovits, also an anthropologist, in the field in South America, the Caribbean and Africa. They jointly wrote several books and monographs. Early life and education Born to Jewish immigrants in Bellefontaine, Ohio, in 1895, Herskovits attended local public schools. He served in the United States Army Medical Corps in France during World War I. Afterward, he went to college, earning a Bachelor of Philosophy at the University of Chicago in 1923. He went to New York City for graduate work, earning his M.A. and Ph.D. in anthropology from Columbia University under the guidance of the German-born American anthropologist Franz Boas. This subjec ...
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Australian Law Journal Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the '' Australian Guide to Legal Citation'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ...
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Commonwealth Of Australia V Amann Aviation Pty Ltd
A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with "republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth or the common wealth – echoed in the modern synonym "public wealth"), it comes from the old meaning of "wealth", which is "well-being", and is itself a loose translation of the Latin res publica (republic). The term literally meant "common well-being". In the 17th century, the definition of "commonwealth" expanded from its original sense of "public welfare" or "commonweal" to mean "a state in which the supreme power is vested in the people; a republic or democratic state". The term evolved to become a title to a number of political entities. Three countries – Australia, the Bahamas, and Dominica – have the official title "Commonwealth", as do four U.S. states and two U.S. territo ...
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Donald Nicholls, Baron Nicholls Of Birkenhead
Donald James Nicholls, Baron Nicholls of Birkenhead, (25 January 1933 – 25 September 2019) was a British barrister who became a Law Lord (Lord of Appeal in Ordinary). Biography Nicholls was educated at Birkenhead School, before reading Law at Liverpool University and Trinity Hall, Cambridge. He was called to the bar in 1958 as a member of the Middle Temple, becoming a Queen's Counsel in 1974. He was made a High Court judge on 30 September 1983, receiving the customary knighthood. On 10 February 1986, he was appointed a Lord Justice of Appeal and subsequently appointed to the Privy Council. He became Vice-Chancellor of the Supreme Court on 1 October 1991. He was appointed a Lord of Appeal in Ordinary on 3 October 1994 and consequently created a life peer as Baron Nicholls of Birkenhead, of Stoke d'Abernon in the County of Surrey. In 1998, Nicholls and the other Law Lords came to the international fore in deciding whether Augusto Pinochet could be extradited to Spain. Th ...
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English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, prov ...
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