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Hewison V Meridian Shipping Services Pte Ltd
is an English tort law case, concerning an employer's liability for an employee's illegal acts. Facts Mr Hewison had epilepsy and needed anti-convulsant drugs. He concealed his illness so that he could do offshore work with his employer, Meridian Shipping, as a crane operator. Meridian Shipping was responsible for a workplace accident, contrary to Employer's Liability (Defective Equipment) Act 1969, whereby Mr Hewison was struck in the head by a gangway. Mr Hewison started to suffer from seizures even with his medication. Meridian Shipping dismissed him and he could get no further work at sea. Mr Hewison submitted that, despite his failure to declare his illness (which, it was conceded, amounted to obtaining a pecuniary advantage by deception contrary to s 16 Theft Act 1968), it would be an affront to public conscience were he denied a remedy for Meridian Shipping's negligence and breach of statutory duty. He argued that without the accident his epilepsy would not have been hei ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alan Ward (judge)
Sir Alan Hylton Ward (born 15 February 1938) is a former judge of the Court of Appeal of England and Wales. Early life and education Ward was born and raised in South Africa and practised as an Attorney of the Supreme Court (solicitor), occasionally being instructed by Nelson Mandela and Oliver Tambo. In 1961, he moved to England to take a second degree, reading law at Cambridge. Legal career He was called to the bar (Gray's Inn) in 1964, becoming a bencher in 1988, and was made a Queen's Counsel in 1984. Ward was appointed a High Court judge on 5 October 1988. He was assigned to the Family Division and given the customary knighthood. On 13 February 1995, he was appointed a Lord Justice of Appeal. He reached mandatory retirement on 15 February 2013. Notable rulings Separating conjoined twins In 2000, Ward, together with Lord Justice Brooke and Lord Justice Walker (now Lord Walker of Gestingthorpe) made the decision to separate conjoined twins Gracie and Rosie Attard, refusing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reeves V Commissioner Of Police Of The Metropolis
Reeves may refer to: People * Reeves (surname) * B. Reeves Eason (1886–1956), American director, actor and screenwriter * Reeves Nelson (born 1991), American basketball player Places ;Ireland * Reeves, County Kildare, townland in County Kildare ;United States * Reeves, Georgia, unincorporated community * Reeves, Louisiana, village in Allen Parish * Reeves County, Texas Companies and institutions * House of Reeves, furniture store in Croydon, London, England *Reeves and Sons, English artists' materials firm *Reeves College, college in Alberta, Canada * Reeves Instrument Corporation (RICO), Cold War manufacturer of computer and radar systems for the United States * Reeves Pulley Company, transmission and engine manufacturer in Columbus, Indiana founded by Milton Reeves Ships * USS ''Reeves'' (DE-94), ''Buckley''-class destroyer escort delivered to the Royal Navy as * , ''Buckley''-class destroyer escort launched 1943 * , ''Leahy''-class destroyer leader launched 1962 ... [...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] |
Moore Stephens V Stone Rolls Ltd
is a leading case relevant for UK company law and the law on fraud and ''ex turpi causa non oritur actio''. The House of Lords decided by a majority of three to two that where the director and sole shareholder of a closely held private company deceived the auditors with fraud carried out on all creditors, subsequently the creditors of the insolvent company would be barred from suing the auditors for negligence from the shoes of the company. The Lords reasoned that where the company was only identifiable with one person, the fraud of that person would be attributable to the company, and the "company" (or the creditors standing in its insolvent shoes) could not rely on its own illegal fraud when bringing a claim for negligence against any auditors. It was the last case to be argued before the House of Lords. The decision was subject to much criticism, and was reviewed by the Supreme Court in ''Jetivia SA v Bilta (UK) Limited (in liquidation)''. Facts Stone & Rolls Ltd was wholly o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ex Turpi Causa
' (Latin "from a dishonorable cause an action does not arise") is a legal doctrine which states that a plaintiff will be unable to pursue legal relief and damages if it arises in connection with their own tortious act. Particularly relevant in the law of contract, tort and trusts, ' is also known as the illegality defence, since a defendant may plead that even though, for instance, he broke a contract, conducted himself negligently or broke an equitable duty, nevertheless a claimant by reason of his own illegality cannot sue. The UK Supreme Court provided a thorough reconsideration of the doctrine in 2016 in ''Patel v Mirza''. 016UKSC 42 Illegality in English Law Development In the early case of ''Holman v Johnson'' Lord Mansfield CJ set out the rationale for the illegality doctrine. Tort In the law of tort, the principle would prevent a criminal from bringing a claim against (for example) a fellow criminal. In '' National Coal Board v England'', Lord Asquith said, In ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holman V Johnson
''Holman v Johnson'' (1775) 1 Cowp 341 is an English contract law case, concerning the principles behind illegal transactions. It is also possibly the first case in English law where the court explicitly recognised that aspects of a claim before the court might be adjudicated according to foreign law.Alexander Sack, ‘Conflicts of Laws in the History of England’, in Alison Reppy (ed.), Law: A Century of Progress - 1835-1935 (New York University Press, 1937), vol 3, p 395. Facts The claimant, who lived in Dunkirk, sold tea to the defendant. The claimant knew it was intended to be smuggled into England, though was not concerned with the smuggling scheme. The method of payment was meant to be by bills of exchange drawn in England. The claimant brought an action for non-payment, and the defendant contended that it could not be enforced because the contract was unlawful. Judgment William Murray, 1st Earl of Mansfield, Lord Mansfield CJ held that the agreement could be enforced be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tinsley V Milligan
is an English trusts law case, concerning resulting trusts, the presumption of advancement and Illegality in English law, illegality. The decision was criticised as "creating capricious results". It has now been overruled by . Facts Miss Tinsley sought possession of a house that was solely in her name. Her relationship with her partner, Miss Milligan, had come to an end. Miss Milligan had been living there and had contributed to the purchase price. It had been in Tinsley’s name alone when they bought it, as a way of claiming more in social security. Milligan later repented and confessed to the benefit fraud. Then Tinsley moved out and sought possession of the house, arguing she was solely entitled. Miss Milligan pleaded that it was the common intention that the property should belong to both of them (and so did not need to rely on the illegality). Judgment The Judicial Committee of the House of Lords, House of Lords held that because Miss Milligan could invoke the presumptio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Illegality
A wrong (from Old English – 'crooked') is an act that is illegal or immoral. Legal wrongs are usually quite clearly defined in the law of a state and/or jurisdiction. They can be divided into civil wrongs and crimes (or ''criminal offenses'') in common law countries, while civil law countries tend to have some additional categories, such as contraventions. Moral wrong is an underlying concept for legal wrong. Some moral wrongs are punishable by law, for example, rape or murder. Other moral wrongs have nothing to do with law, but are related to unethical behaviours. On the other hand, some legal wrongs, such as many types of parking offences, could hardly be classified as moral wrongs. Legal wrong A violation of law is any act (or, less commonly, failure to act) that fails to abide by existing law. Violations generally include both crimes and civil wrongs. Some acts, such as fraud, can violate both civil and criminal laws. In law, a wrong can be a legal injury, which is any da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disability Discrimination Act 1995
The Disability Discrimination Act 1995 (c. 50) (informally, and hereafter, the DDA) is an Act of the Parliament of the United Kingdom which has now been repealed and replaced by the Equality Act 2010, except in Northern Ireland where the Act still applies. Formerly, it made it unlawful to discriminate against people in respect of their disabilities in relation to employment, the provision of goods and services, education and transport. The DDA is a civil rights law. Other countries use constitutional, social rights or criminal law to make similar provisions. The Equality and Human Rights Commission combats discrimination. Equivalent legislation exists in Northern Ireland, which is enforced by the Northern Ireland Equality Commission. History The Act was the culmination of a public campaign, and at least 100,000 people in demonstrations, to force the government to end state and business discrimination against disabled people. While the Race Relations Act 1976 and the Sex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hunter V Butler
Hunting is the human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/ hide, bone/ tusks, horn/antler, etc.), for recreation/ taxidermy (see trophy hunting), to remove predators dangerous to humans or domestic animals (e.g. wolf hunting), to eliminate pests and nuisance animals that damage crops/livestock/poultry or spread diseases (see varminting), for trade/tourism (see safari), or for ecological conservation against overpopulation and invasive species. Recreationally hunted species are generally referred to as the ''game'', and are usually mammals and birds. A person participating in a hunt is a hunter or (less commonly) huntsman; a natural area used for hunting is called a game reserve; an experienced hunter who helps organize a hunt and/or manage the game reserve is known as a gamekeeper. Many non-human animals also hunt (see pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
