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Gwilliam V West Hertfordshire Hospital NHS
''Gwilliam v West Hertfordshire Hospital NHS'' 002EWCA Civ 1041; 003Q.B. 443 is an English tort law case concerning occupiers' liability under the Occupiers' Liability Act 1957. It also raises the question of whether the duty of care should encompass a duty to enquire into the insurance status of contractors for dangerous activities. Facts Ethel Gwilliam, age 63, went to an NHS organised fun fair, at Mount Vernon Hospital in Northwood, Middlesex, where there was a "splat wall". Waller LJ in his account of the facts described it as follows. "The aim of the apparatus was to allow the participant to bounce from a trampoline and adhere by means of Velcro material to a wall."003Q.B. 443, 451 In other words, you get dressed in a velcro costume, bounce on the trampoline and then go "splat" onto the wall. Unfortunately, Ms Gwilliam was injured, because the splat wall had been set up negligently. The hospital had got the splat wall through an independent contractor called "Club Entertainme ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupiers' Liability
Premises liability (known in some common law jurisdictions as occupiers' liability) is the liability that a landowner or occupier has for certain torts that occur on their land. Scope of the law Premises liability may range from things from "injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". For premises liability to apply: # The defendant must possess the land or "premises". # The plaintiff must be an invitee or, in certain cases, a licensee. Traditionally, trespassers were not protected under premises liability law. However, in 1968, the California Supreme Court issued a vastly influential opinion, ''Rowland v. Christian'', 69 Cal.2d 108 (1968), which abolished the significance of legal distinctions such as invitee, licensee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Occupiers' Liability Act 1957
The Occupiers' Liability Act 1957 (c. 31) is an Act of the Parliament of the United Kingdom that covers occupiers' liability. The result of the Third Report of the Law Reform Committee, the Act was introduced to Parliament as the Occupiers' Liability Bill and granted the Royal Assent on 6 June 1957, coming into force on 1 January 1958. The Act unified several classes of visitors to property and the duty of care owed to them by the occupier, as well as codifying elements of the common law relating to this duty of care. It also covered the duty owed to parties to a contract entering the property and ways of excluding the liability for visitors. The Act introduced an element of liability for landlords who failed to maintain their properties and were as a result responsible for the injury of a non-tenant, something counter to the previous common law rule in English law. The Act is still valid law, and forms much of the law relating to occupiers' liability in English law along with th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Health Service (England)
The National Health Service (NHS) is the Publicly funded health care, publicly funded healthcare system in England, and one of the four National Health Service systems in the United Kingdom. It is the second largest single-payer healthcare system in the world after the Brazilian Sistema Único de Saúde. Primarily funded by the government from general taxation (plus a small amount from National Insurance contributions), and overseen by the Department of Health and Social Care, the NHS provides healthcare to all legal English residents and residents from other regions of the UK, with most services free at the point of use for most people. The NHS also conducts research through the National Institute for Health and Care Research (NIHR). Free healthcare at the point of use comes from the core principles at the founding of the National Health Service. The 1942 Beveridge cross-party report established the principles of the NHS which was implemented by the Attlee ministry, Labour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Middlesex
Middlesex (; abbreviation: Middx) is a Historic counties of England, historic county in South East England, southeast England. Its area is almost entirely within the wider urbanised area of London and mostly within the Ceremonial counties of England, ceremonial county of Greater London, with small sections in neighbouring ceremonial counties. Three rivers provide most of the county's boundaries; the River Thames, Thames in the south, the River Lea, Lea to the east and the River Colne, Hertfordshire, Colne to the west. A line of hills forms the northern boundary with Hertfordshire. Middlesex county's name derives from its origin as the Middle Saxons, Middle Saxon Province of the Anglo-Saxon England, Anglo-Saxon Kingdom of Essex, with the county of Middlesex subsequently formed from part of that territory in either the ninth or tenth century, and remaining an administrative unit until 1965. The county is the List of counties of England by area in 1831, second smallest, after Ru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Woolf MR
Harry Kenneth Woolf, Baron Woolf, (born 2 May 1933) is a British life peer and retired barrister and judge. He was Master of the Rolls from 1996 until 2000 and Lord Chief Justice of England and Wales from 2000 until 2005. The Constitutional Reform Act 2005 made him the first Lord Chief Justice to be President of the Courts of England and Wales. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 2003 to 2012. He sits in the House of Lords as a crossbencher. Early life Woolf was born in Newcastle upon Tyne, on 2 May 1933, to Alexander Susman Woolf and his wife Leah (). His grandfather Harry was a naturalised Briton of Polish and Russian Jewish origins. His father had been a fine art dealer, but was persuaded to run his own building business instead by his wife. They had four children, but their first child died, and his mother was protective of the three surviving children. Woolf lived in Newcastle-upon-Tyne until he was about five years old, when his f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Occupier 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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