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Johnstone V Bloomsbury Health Authority
''Johnstone v Bloomsbury Health Authority'' 992QB 333 is an English contract law case, concerning implied terms and unfair terms under the Unfair Contract Terms Act 1977. Facts Dr Chris Johnstone was a junior doctor in the Obstetric Department at the University College Hospital. According to para 4(b) of his contract, he was expected to be available on call for 48 hours a week on average, on top of his 40-hour contract. His first claim was that it was a breach of the duty of care to have a contract which could cause foreseeable injury. His alternative claim was that the clause allowing him to be so long on call was contrary to the Unfair Contract Terms Act 1977 section 2(1). Stephen Sedley QC represented Dr Johnstone. Judgment The Court of Appeal held that Bloomsbury Health Authority had to pay damages for the harm to Dr Johnstone's health, and by a majority based this decision on the common law, but for different reasons. Stuart-Smith LJ held that an implied term in law can ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Employment Contract Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...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] |
English Contract 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 * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Atkin
James Richard Atkin, Baron Atkin, (28 November 1867 – 25 June 1944), commonly known as Dick Atkin, was an Australian-born British judge, who served as a lord of appeal in ordinary from 1928 until his death in 1944. He is especially remembered as the judge giving the leading judgement in the case of Donoghue v Stevenson in 1932, in which he established the modern law of negligence in the UK, and indirectly in most of the common law world. Early life and practice Atkin was the son of Robert Travers Atkin (1841–1872) and his wife, Mary Elizabeth ''née'' Ruck (1842–1920). Robert was from Kilgarriff, County Cork, Mary's father from Newington, Kent, and her mother from Merioneth, Wales. The couple married in 1864 and soon emigrated to Australia intending to take up sheep farming. However, little more than a year into their enterprise Robert was badly injured in a fall from a horse and the couple moved to Brisbane where Robert became a journalist and politician. He always t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mahmud And Malik V Bank Of Credit And Commerce International SA
''Malik and Mahmud v Bank of Credit and Commerce International SA'' 997UKHL 23is a leading English contract law and UK labour law case, which confirmed the existence of the implied term of mutual trust and confidence in all Contract of employment, contracts of employment. Facts Mr Malik and Mr Mahmud both worked for the Bank of Credit and Commerce International. BCCI went insolvent due to massive fraud, connection with terrorists, money-laundering, extortion and a raft of other criminal activity on a global scale. Malik and Mahmud had both lost their jobs and they sought employment elsewhere. They could not find jobs. They sued the company for their loss of job prospects, alleging that their failure to secure new jobs was due to the reputational damage they had suffered from working with BCCI. Nobody, they said, wanted to hire people from a massive fraud operation like that at the company. This raised the question of what duty the company had owed to its employees that had been ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpreting Contracts In English Law
Interpreting is a translational activity in which one produces a first and final target-language output on the basis of a one-time exposure to an expression in a source language. The most common two modes of interpreting are simultaneous interpreting, which is done at the time of the exposure to the source language, and consecutive interpreting, which is done at breaks to this exposure. Interpreting is an ancient human activity which predates the invention of writing. However, the origins of the profession of interpreting date back to less than a century ago. History Historiography Research into the various aspects of the history of interpreting is quite new. For as long as most scholarly interest was given to professional conference interpreting, very little academic work was done on the practice of interpreting in history, and until the 1990s, only a few dozen publications were done on it. Considering the amount of interpreting activities that is assumed to have occurr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Unfair Contract Terms Bill
The Unfair Contract Terms Bill is a proposed Act of Parliament of the United Kingdom, which would consolidate two existing pieces of consumer protection legislation, the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999 into one Act. It would resolve existing ambiguities, and eliminate overlapping provisions, but also slightly raise consumer protection standards in favour of small businesses. Developments In the end, the UK government followed many of the proposals in the Unfair Contract Terms Bill. But instead Parliament created a separate Consumer Rights Act 2015, and left the Unfair Contract Terms Act 1977 in place, with consumer rights removed. See also * English contract law *Unfair Contract Terms Act 1977 *Unfair Terms in Consumer Contracts Regulations 1999 The Unfair Terms in Consumer Contracts Regulations 1999SI 1999/2083 is an old UK statutory instrument, which had implemented the EU (then EEC) Unfair Consumer Contract Terms Dir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UCTA 1977
The Unfair Contract Terms Act 1977c 50 is an Act of Parliament of the United Kingdom which regulates contracts by restricting the operation and legality of some contract terms. It extends to nearly all forms of contract and one of its most important functions is limiting the applicability of disclaimers of liability. The terms extend to both actual contract terms and notices that are seen to constitute a contractual obligation. The Act renders terms excluding or limiting liability ineffective or subject to reasonableness, depending on the nature of the obligation purported to be excluded and whether the party purporting to exclude or limit business liability, acting against a ''consumer''. It is normally used in conjunction with the Unfair Terms in Consumer Contracts Regulations 1999 (Statutory Instrument 1999 No. 2083), as well as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. The Law Commission and the Scottish Law Commission have recommended that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Stuart-Smith
Sir Murray Stuart-Smith, KCMG, PC (born 18 November 1927) is a former English barrister and Appeal Court judge. His 1997 re-examination of Lord Taylor's report into the Hillsborough disaster is seen today as a "debacle". Early life Stuart-Smith was educated at Radley College and at Corpus Christi College, Cambridge. Stuart-Smith was called to the bar by Gray's Inn in 1952 and was made a Bencher 1978. He was appointed Queen's Counsel in 1970, and as judge of the High Court of Justice (Queen's Bench Division) in 1981. He was appointed to the Court of Appeal in 1987, and retired in 2000. He later served as President of the Court of Appeal of Gibraltar from 2007, and as Justice of the Court of Appeal of Bermuda from 2004. Hillsborough Report In retirement Sir Murray was appointed to re-examine Lord Taylor's report into the Hillsborough disaster, together with the wider question of whether the inquest process had been satisfactory. Sir Murray broadly concluded that there were no p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wilsons And Clyde Coal Ltd V English
''Wilsons and Clyde Coal Ltd v English'' 937UKHL 2is a UK labour law case concerning the employer's duty to provide a safe system of work for all its employees. Facts Mr English was employed at Wilsons & Clyde Coal Co Ltd's colliery at Glencraig from 27 March 1933. He was repairing an airway leading off the Mine Jigger Brae, a main haulage road. Between 1:30pm and 2pm he was going to the pit bottom and the haulage plant was put in motion. He tried to escape through one of the manholes, but was caught by a rake of hutches and crushed between it and the side of the road. His family claimed damages. The company claimed that Mr English's own negligence contributed to his death, because he should have told the person in charge of the machinery, or taken an alternative route Judgment House of Lords held unanimously that an employer has a non delegable duty to create a safe system of work. Even if an employer gives that duty to another person, they still remain accountable for workplac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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