|
Titchener V British Railway Board
''Titchener v British Railway Board'' 9831 WLR 1427 is a Scottish delict case concerning occupiers' liability, decided by the House of Lords. Facts Miss Titchener, a 15-year-old girl, climbed through a gap in a fence onto a railway line owned by the British Railways Board. She was hit by a train. She sued the board under the Occupiers' Liability (Scotland) Act 1960 for failing in their common duty of care to keep the premises reasonably safe for visitors. The Inner House of the Court of Session held that the pursuer had taken a chance, fully aware of the risks involved and that the Board had no responsibility to maintain the fence any more than they had.Mark Lunney, Ken Oliphant, ''Tort Law: Text and Materials'' (OUP, 2008) 286, Judgment The House of Lords dismissed the claimant's final appeal, holding that she was not owed any duty under the Occupiers' Liability (Scotland) Act 1960 on the grounds that she had voluntarily decided to run the risk of walking on the railway lin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Case Law
Scottish usually refers to something of, from, or related to Scotland, including: *Scottish Gaelic, a Celtic Goidelic language of the Indo-European language family native to Scotland *Scottish English *Scottish national identity, the Scottish identity and common culture *Scottish people, a nation and ethnic group native to Scotland *Scots language, a West Germanic language spoken in lowland Scotland *Symphony No. 3 (Mendelssohn), a symphony by Felix Mendelssohn known as ''the Scottish'' See also *Scotch (other) *Scotland (other) *Scots (other) *Scottian (other) *Schottische The schottische is a partnered country dance that apparently originated in Bohemia. It was popular in Victorian era ballrooms as a part of the Bohemian folk-dance craze and left its traces in folk music of countries such as Argentina ("chotis"Span ... * {{disambiguation Language and nationality disambiguation pages ca:Escocès ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rail Transport In Scotland
The transport system in Scotland is generally well-developed. The Scottish Parliament has control over most elements of transport policy within Scotland, with the Cabinet Secretary for Transport, Infrastructure and Connectivity holding portfolio responsibility within the Scottish Government. Transport Scotland is the Executive Agency responsible for the Scottish transport network. Some aspects of transport policy and administration are reserved (i.e., not devolved), and are therefore the responsibility of the UK Government's Department for Transport: * Driving and vehicle certification *Legislation regulating Air transport *Some legislation regulating Marine transport and Navigation (including most aspects of merchant shipping) *Cross-border rail services (although the franchising of the Caledonian Sleeper is devolved) *Operation of the Great Britain road numbering scheme *Transport of radioactive material Railways Scotland has an extensive railway network, with links acros ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Death In Scotland
Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain death is sometimes used as a legal definition of death. The remains of a former organism normally begin to decompose shortly after death. Death is an inevitable process that eventually occurs in almost all organisms. Death is generally applied to whole organisms; the similar process seen in individual components of an organism, such as cells or tissues, is necrosis. Something that is not considered an organism, such as a virus, can be physically destroyed but is not said to die. As of the early 21st century, over 150,000 humans die each day, with ageing being by far the most common cause of death. Many cultures and religions have the idea of an afterlife, and also may hold the idea of judgement of good and bad deeds in one's life (heaven, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Rail
British Railways (BR), which from 1965 traded as British Rail, was a state-owned company that operated most of the overground rail transport in Great Britain from 1948 to 1997. It was formed from the nationalisation of the Big Four British railway companies, and was privatised in stages between 1994 and 1997. Originally a trading brand of the Railway Executive of the British Transport Commission, it became an independent statutory corporation in January 1963, when it was formally renamed the British Railways Board. The period of nationalisation saw sweeping changes in the railway. A process of dieselisation and electrification took place, and by 1968 steam locomotives had been entirely replaced by diesel and electric traction, except for the Vale of Rheidol Railway (a narrow-gauge tourist line). Passengers replaced freight as the main source of business, and one-third of the network was closed by the Beeching cuts of the 1960s in an effort to reduce rail subsidies. On privatis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Session Cases
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 In United Kingdom Case Law
The year 1983 saw both the official beginning of the Internet and the first mobile cellular telephone call. Events January * January 1 – The migration of the ARPANET to TCP/IP is officially completed (this is considered to be the beginning of the true Internet). * January 24 – Twenty-five members of the Red Brigades are sentenced to life imprisonment for the 1978 murder of Italian politician Aldo Moro. * January 25 ** High-ranking Nazi war criminal Klaus Barbie is arrested in Bolivia. ** IRAS is launched from Vandenberg AFB, to conduct the world's first all-sky infrared survey from space. February * February 2 – Giovanni Vigliotto goes on trial on charges of polygamy involving 105 women. * February 3 – Prime Minister of Australia Malcolm Fraser is granted a double dissolution of both houses of parliament, for elections on March 5, 1983. As Fraser is being granted the dissolution, Bill Hayden resigns as leader of the Australian Labor Party, and in the subsequent lead ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1983 In Scotland
Events from the year 1983 in Scotland. Incumbents * Secretary of State for Scotland and Keeper of the Great Seal – George Younger Law officers * Lord Advocate – Lord Mackay of Clashfern * Solicitor General for Scotland – Peter Fraser Judiciary * Lord President of the Court of Session and Lord Justice General – Lord Emslie * Lord Justice Clerk – Lord Wheatley * Chairman of the Scottish Land Court – Lord Elliott Events * 11 May – Aberdeen F.C. beat Real Madrid 2–1 (after extra time) to win the European Cup Winner's Cup. * 21 May – Aberdeen beat Rangers 1-0 to win the Scottish Cup. * 30 September – Megget Reservoir officially opened. * 5 October – Harviestoun Brewery established. * 24 October – Dennis Nilsen goes on trial at the Central Criminal Court in London accused of six murders and two attempted murders. He confesses to murdering "15 or 16" young men. * 4 November – Dennis Nilsen is sentenced to life imprisonment. * 20 December ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Donoghue V Folkestone Properties Ltd
''Donoghue v Folkestone Properties Limited'' (2003) (QB 1008; 2 WLR 1138; 3 All ER 1101) is an English court case heard in the Court of Appeal of England and Wales concerning the tort of occupiers' liability from the Occupiers' Liability Act 1984. Litigation The case was originally heard by His Honour Judge Bowers in the Queen's Bench Division of the High Court of Justice of England and Wales. Here, the claimant succeeded, though was forced to concede his duty was owed to him under the Occupiers' Liability Act 1984, which deals with trespassers, as opposed to the Occupiers' Liability Act 1957, which deals with lawful visitors. The claimant also had his damages reduced by 75% due to his contributory negligence. The subsequent appeal from the defendant (against the imposition of a duty of care) was heard in the Court of Appeal of England and Wales by three Lords Justice of Appeal: Lord Phillips of Worth Matravers MR, Lord Justice Brooke, and Lord Justice Laws. Facts On Saturday, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scottish Delict
Delict in Scots Law is the area of law concerned with those civil wrongs which are actionable before the Scottish courts. The Scots use of the term 'delict' is consistent with the jurisdiction's connection with Civilian jurisprudence; Scots private law has a 'mixed' character, blending together elements borrowed from Civil law and Common law, as well as indigenous Scottish developments. The term tort law, or 'law of torts', is used in Anglo-American (Common law) jurisdictions to describe the area of law in those systems. Unlike in a system of torts, the Scots law of delict operates on broad principles of liability for wrongdoing: 'there is no such thing as an exhaustive list of named delicts in the law of Scotland. If the conduct complained of appears to be wrongful, the law of Scotland will afford a remedy even if there has not been any previous instance of a remedy being given in similar circumstances'. While some terms such as assault and defamation are used in systems of tort l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tomlinson V Congleton Borough Council
''Tomlinson v Congleton Borough Council'' 003UKHL 47is a 2003 court case in England from the House of Lords regarding the torts of negligence and occupiers' liability (the latter regarding the Occupiers' Liability Act 1984). It was a landmark case that has been regarded as an attempt to stem the development of a "compensation culture" in the UK. Litigation The case originated in the High Court of Justice, after which it proceeded to the Court of Appeal of England and Wales. In the latter case, the Lords Justice of Appeal held in favour of Tomlinson, the claimant. However, this decision was reversed by the House of Lords. Facts In May 1995, the claimant, John Tomlinson (then aged 18), visited an artificial lake, part of a country park in Brereton, Cheshire in the borough of Congleton with his friends. While there, Tomlinson dived into the water and hit his head on the sandy bottom, leaving him tetraplegic as a result of a break to the fifth vertebra of his neck. He subsequentl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
.jpg "Click for more on -> British Rail")
