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Jones V Kaney
''Jones v Kaney'' 011UKSC 13 is a 2011 decision of the Supreme Court of the United Kingdom on whether expert witnesses retained by a party in litigation can be sued for professional negligence in England and Wales, or whether they have the benefit of immunity from suit. The case involved a psychologist (Kaney) instructed as an expert witness in a personal injury claim, who was said to have negligently signed a statement of matters agreed with the expert instructed by the opposing side, in which she made a number of concessions that weakened the claim considerably. As a result, according to the injured claimant (Jones), he had to settle the claim for much less than he would have obtained had his expert not been careless. To succeed in the claim, he had to overturn an earlier Court of Appeal decision that had decided that preparation of a joint statement with the other side's expert was covered by immunity from suit. Kaney therefore succeeded in getting the claim struck out bef ...
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Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ...
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High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at Court of first instance, first instance with all high value and high importance Civil law (common law), civil law (non-criminal law, criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the #Chancery Division, Chancery Division and the #Family Division, Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to ...
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Lord Hoffmann
Leonard Hubert "Lennie" Hoffmann, Baron Hoffmann (born 8 May 1934) is a retired senior South African–British judge. He served as a Lord of Appeal in Ordinary from 1995 to 2009. Well known for his lively decisions and willingness to break with convention, he has had an especially large impact on the interpretation of contracts, shareholder actions in UK company law, in restricting tort liability for public authorities, human rights and intellectual property law, in particular patents. Currently, he serves as a Non-Permanent Judge of the Court of Final Appeal of Hong Kong. Early life Born 8 May 1934 in Cape Town, Leonard Hubert Hoffmann was the son of a well-known solicitor who co-founded what has become Africa's largest law firm, Edward Nathan Sonnenbergs. Education He was educated at the University of Cape Town and then attended The Queen's College, Oxford, as a Rhodes Scholar, where he studied for the BCL degree and won the Vinerian Scholarship. Between 1961 and 1973, ...
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Hunter V Chief Constable Of The West Midlands Police
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 predati ...
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English Defamation Law
Modern libel and slander laws in many countries are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). The law of libel emerged during the reign of James I (1603–1625) under Attorney General Edward Coke who started a series of libel prosecutions. Scholars frequently attribute strict English defamation law to James I's outlawing of duelling. From that time, both the criminal and civil remedies have been found in full operation. English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual in a manner which causes them loss in their trade or profession, or damages their reputation. Allowable defences are justification, fair comment, and privilege. A defamatory statement is presu ...
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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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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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Justice Of The Supreme Court Of The United Kingdom
Justices of the Supreme Court of the United Kingdom are the judges of the Supreme Court of the United Kingdom other than the president and the deputy president. The Supreme Court is the highest court of the United Kingdom for civil and criminal matters in the jurisdictions of England and Wales and Northern Ireland. Judges are appointed by the King on the advice of the Prime Minister, who receives recommendations from a selection commission. The number of judges is set by s.23(2) Constitutional Reform Act 2005, which established the Court, but may be increased by the King through an Order in Council under s.23(3). There are currently 12 positions: one President, one Deputy President, and 10 Justices. Judges of the Court who are not already peers are granted the style ''Lord'' or ''Lady'' followed by a surname, territorial designation or a combination of both, for life. Qualification The Constitutional Reform Act 2005 sets out the conditions for the appointments of a President ...
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Administration Of Justice Act 1969
Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administrative support specialist, or management assistant is a person whose work consists of supporting management, including executives, using a variety of project management, communication, or organizational skills, while in some cases, in addition, may require specialized knowledge acquired through higher education. ** Administration (government), management in or of government *** Administrative division ** Academic administration, a branch of an academic institution responsible for the maintenance and supervision of the institution ** Arts administration, a field that concerns business operations around an art organization ** Business administration, the performance or management of business operations *** Bachelor of Business Administration ...
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Post Traumatic Stress Disorder
Post-traumatic stress disorder (PTSD) is a mental and behavioral disorder that can develop because of exposure to a traumatic event, such as sexual assault, warfare, traffic collisions, child abuse, domestic violence, or other threats on a person's life. Symptoms may include disturbing thoughts, feelings, or dreams related to the events, mental or physical distress to trauma-related cues, attempts to avoid trauma-related cues, alterations in the way a person thinks and feels, and an increase in the fight-or-flight response. These symptoms last for more than a month after the event. Young children are less likely to show distress but instead may express their memories through play. A person with PTSD is at a higher risk of suicide and intentional self-harm. Most people who experience traumatic events do not develop PTSD. People who experience interpersonal violence such as rape, other sexual assaults, being kidnapped, stalking, physical abuse by an intimate partner, and i ...
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Law Commission (England And Wales)
In England and Wales the Law Commission ( cy, Comisiwn y Gyfraith) is an independent law commission set up by Parliament by the Law Commissions Act 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman (currently Sir Nicholas Green, a judge of the Court of Appeal) and four Law Commissioners. It proposes changes to the law that will make the law simpler, more accessible, fairer, modern and more cost-effective. It consults widely on its proposals and in the light of the responses to public consultation, it presents recommendations to the UK Parliament that, if legislated upon, would implement its law reform recommendations. The commission is part of the Commonwealth Association of Law Reform Agencies. Activities The Law Commissions Act 1965 requires the Law Commission to submit "programmes for the examination of different branches of the law" to the Lord Chancellor for his approval before undertaking new work. ...
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Law Society Gazette
''The Law Society Gazette'' (also known as the ''Gazette'' or the ''Law Gazette'') is a British weekly legal magazine for solicitors in England and Wales published by the Law Society of England and Wales. While it is available to buy and on subscription, it is provided to all solicitors with a current England and Wales practising certificate (as well as trainee solicitors). This makes its position different from other British legal periodicals such as The Lawyer, Legal Week, Solicitors Journal, New Law Journal, Legal Business, In-House Lawyer and European Lawyer. In consequence the Gazette has by far the highest audited circulation of any legal journal in the United Kingdom (latest ABC-audited numbers are a circulation of 81,178 for June 2019). It is also the largest-circulation legal magazine in Europe. The lawgazette.co.uk website has 21,097 daily unique browsers and the Gazette Daily Update gets emailed to 182,195 recipients every weekday around lunchtime. Format and cha ...
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