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R (March) V Secretary Of State For Health
''R (March) v Secretary of State for Health'' was a 2010 Judicial review in English law, judicial review which challenged the UK Department of Health and Social Care, Department of Health's decision not to implement Recommendation 6(h) of the Archer Independent Inquiry. The case was important in developing the doctrine of ''error of fact'' in public law which previously had not readily been the subject of judicial intervention. Facts Andrew March, Andrew Michael March, a haemophiliac, along with several thousand other patients was treated with contaminated blood products in the 1970s and 1980s. The Contaminated blood scandal in the United Kingdom, contaminated blood and blood products disaster also occurred in the Republic of Ireland and various compensation schemes and statutory provisions were put in place between 1991 and 2002 on compassionate grounds, without legal liability on the part of the state. However, the level of payments made to similarly infected and affected ...
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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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Admissible Evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding. For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability. The general rule in evidence is that all relevant evidence is admissible and all irrelevant evidence is inadmissible, though some countries (such as the United States and, to an extent, Australia) proscribe the prosecution from exploiting evidence obtained in violation of constitutional law, thereby rendering relevant evidence inadmissible. This rule of evidence is called the exclusionary rule. In the United States this was effectuated federally in 1914 under the Supreme Court case '' Weeks v. United States'' and incorporated against th ...
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High Court Of Justice Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ...
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2010 In British Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by  2, although by other definitions 1 is the second natural number, following  0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is ...
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2010 In Case Law
1 (one, unit, unity) is a number representing a single or the only entity. 1 is also a numerical digit and represents a single unit of counting or measurement. For example, a line segment of ''unit length'' is a line segment of length 1. In conventions of sign where zero is considered neither positive nor negative, 1 is the first and smallest positive integer. It is also sometimes considered the first of the infinite sequence of natural numbers, followed by  2, although by other definitions 1 is the second natural number, following  0. The fundamental mathematical property of 1 is to be a multiplicative identity, meaning that any number multiplied by 1 equals the same number. Most if not all properties of 1 can be deduced from this. In advanced mathematics, a multiplicative identity is often denoted 1, even if it is not a number. 1 is by convention not considered a prime number; this was not universally accepted until the mid-20th century. Additionally, 1 is the s ...
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CN V Secretary Of State For Health And Social Care
''CN v Secretary of State for Health and Social Care'' 022EWCA Civ 86 was an appeal against the refusal of permission to apply for judicial review to challenge the infected blood support scheme administered by the NHS Business Services Authority (NHSBSA) for non-inclusion of those infected with chronic Hepatitis B virus. The appeal was based on the grounds that the exclusion of those infected with HBV from the England Infected Blood Support Scheme (EIBSS) was unreasonable and discriminatory, contrary to article 14 when read in conjunction with article 8 and article 1 protocol 1 (A1P1) of the ECHR. The appellant also claimed that there was different treatment and that the failure to include those infected with HBV was unreasonable, and that the original application for review should not have been deemed out of time. The permission appeal was unanimously dismissed because the application was deemed to be out of time and the claims under article 14 and the one based on unreasona ...
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Abrogation In Public Law
In public law, abrogation is the ''proposing away'' of a right, power or value, by a public body in delegating power or failing to carry out a responsibility or duty. The abrogation of such a responsibility or duty, unless required by primary legislation would amount to an unconstitutional delegation of power to a foreign government or other sovereign power. It is a protected value at Common Law that Parliament has legislative supremacy even to the point that the sovereign power extends to the breaking of treaties, if need be. Delegation of responsibility In the judicial review ''R (on the application of Andrew Michael March) v Secretary of State for Health'' which challenged the UK Department of Health's decision not to implement Recommendation 6(h) of the Archer Independent Inquiry , there was reference to abrogation in the 2009 legal papers of both the defendant and the claimant which led up to the hearing the following year. The claim form, dated 18 August 2009, originall ...
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A And Others V National Blood Authority And Another
''A and Others v National Blood Authority and Another'', also known as the Hepatitis C Litigation, was a landmark product liability case of 2001 primarily concerning blood transfusions but also blood products or transplanted organs, all of which were infected with hepatitis C, where liability was established under the Consumer Protection Act 1987 and the Product Liability Directive (85/374/EEC) even in the absence of the ability to test to ascertain which blood transfusions were defective. The claimants were 114 individuals, six of whom were considered lead plaintiffs and given close consideration by the judge, Mr Justice Burton. Several of the claimants were minors who had become infected with Hepatitis C in the course of their treatment for leukaemia. The defendants were the National Blood Authority (NBA) and in respect of Wales, the Velindre NHS Trust, Cardiff. The court found that the UK government should have implemented measures to screen donated blood for HCV by March 1 ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Alf Morris
Alfred Morris, Baron Morris of Manchester, (23 March 1928 – 12 August 2012) was a British Labour Co-operative politician and disability rights campaigner. Political career Morris served as Member of Parliament for Manchester Wythenshawe from 1964 until 1997, having previously unsuccessfully fought the, then, safe Conservative seat of Liverpool Garston in 1951 and the Wythenshawe seat in 1959.Cleminson, PeterAlf Morris: the people's parliamentarian, '' The Legion'', retrieved 23 January 2010 He served as Parliamentary Private Secretary to Fred Peart, the Agriculture Minister. Morris campaigned against British entry to the Common Market and in May 1967 Prime Minister Harold Wilson sacked him, and six others, for abstaining in a Commons vote on the issue. Fred Peart did not appoint a replacement and Morris continued to work for him, albeit unofficially. In 1968, Peart became Leader of the Commons and reappointed Morris as his Parliamentary Private Secretary. In 1970 Morris ...
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Hansard
''Hansard'' is the traditional name of the transcripts of parliamentary debates in Britain and many Commonwealth countries. It is named after Thomas Curson Hansard (1776–1833), a London printer and publisher, who was the first official printer to the Parliament at Westminster. Origins Though the history of the ''Hansard'' began in the British parliament, each of Britain's colonies developed a separate and distinctive history. Before 1771, the British Parliament had long been a highly secretive body. The official record of the actions of the House was publicly available but there was no record of the debates. The publication of remarks made in the House became a breach of parliamentary privilege, punishable by the two Houses of Parliament. As the populace became interested in parliamentary debates, more independent newspapers began publishing unofficial accounts of them. The many penalties implemented by the government, including fines, dismissal, imprisonment, and investigati ...
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E V Secretary Of State For The Home Department
''E v Secretary of State for the Home Department'' was a landmark Court of Appeal case of 2004 which significantly developed the doctrine of ''error of fact'' as a distinct ground which was taken in conjunction with the question of new evidence (or the most recent decision) being considered in order to establish the error. The case laid out in definitive terms the criteria for the court to review a finding of ''mistake of fact'' leading to unfairness. In establishing an error of fact according to the requirements, a duty was identified to consider a decision; in particular, the duty to reopen a matter or direct a rehearing. The question of new evidence produced after the hearing but before the decision date was considered within the context of the power of the Immigration Appeal Tribunal (IAT) to direct a rehearing. Facts Two appellants, who had separately claimed asylum in the United Kingdom, were heard jointly in the Court of Appeal. They were known only as ′E′ and ′Râ ...
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