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Wilkinson V. Downton
is an English tort law decision in which the Common Law first recognised the tort of intentional infliction of mental shock. At the time, this was not covered under the law of negligence. Background Thomas Wilkinson was the landlord of the Albion public house in Limehouse, London. A regular customer of the public house, named Mr Downton, decided to play a practical joke on Wilkinson's wife. When Mr Wilkinson went to see the races in Harlow, Essex, he left his wife to manage the house. Downton approached Mrs Wilkinson and told her, falsely, that her husband had been seriously injured in an accident. He said that Mr Wilkinson had suffered two broken legs, and was lying at The Elms in Leytonstone. He told Mrs Wilkinson that she should go to her husband in a cab and bring two pillows to carry him home. The effect of Downton's false statement to Mrs Wilkinson was a violent shock to her nervous system, causing her to vomit and for her hair to turn white and other more serious an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mayfair
Mayfair is an affluent area in the West End of London towards the eastern edge of Hyde Park, in the City of Westminster, between Oxford Street, Regent Street, Piccadilly and Park Lane. It is one of the most expensive districts in the world. The area was originally part of the manor of Eia and remained largely rural until the early 18th century. It became well known for the annual "May Fair" that took place from 1686 to 1764 in what is now Shepherd Market. Over the years, the fair grew increasingly downmarket and unpleasant, and it became a public nuisance. The Grosvenor family (who became Dukes of Westminster) acquired the land through marriage and began to develop it under the direction of Thomas Barlow. The work included Hanover Square, Berkeley Square and Grosvenor Square, which were surrounded by high-quality houses, and St George's Hanover Square Church. By the end of the 18th century, most of Mayfair was built on with upper-class housing; unlike some nearby areas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",''Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Neuberger
David Edmond Neuberger, Baron Neuberger of Abbotsbury (; born 10 January 1948) is an English judge. He served as President of the Supreme Court of the United Kingdom from 2012 to 2017. He was a Lord of Appeal in Ordinary until the House of Lords' judicial functions were transferred to the new Supreme Court in 2009, at which point he became Master of the Rolls, the second most senior judge in England and Wales. Neuberger was appointed to the Supreme Court, as its President, in 2012. He now serves as a Non-Permanent Judge of the Hong Kong Court of Final Appeal and the Chair of the High-Level Panel of Legal Experts on Media Freedom. Early life Neuberger was born on 10 January 1948, the son of Albert Neuberger, Professor of Chemical Pathology at St Mary's Hospital, University of London, and his wife, Lilian. His uncle was the noted rabbi Herman N. Neuberger. All three of his brothers are or were professors: James Neuberger is Professor of Medicine at the University of Birming ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Toulson
Roger Grenfell Toulson, Lord Toulson, PC (23 September 1946 – 27 June 2017) was a British lawyer and judge who served as a Justice of the Supreme Court of the United Kingdom. Education He was educated at Mill Hill School, to which he won the top scholarship for his year and was one of the most talented pupils, taking 'O' levels at 13, 'A' levels in Greek, Latin and Ancient History at 15, and breaking the school record for the mile at 16, at which age he left to go to Jesus College, Cambridge (MA, LLB), of which he later became an honorary fellow, before being called to the Bar by the Inner Temple in 1969. Career He joined the Western Circuit in 1970, and became a Queen's Counsel in 1986. In 1996 he became a judge of the High Court of Justice, sitting in the Queen's Bench Division, receiving the customary knighthood. From 2002 to 2006 he sat as Chairman of the Law Commission of England and Wales. On 29 January 2007, he was promoted to the Court of Appeal, sworn of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lady Hale
Brenda Marjorie Hale, Baroness Hale of Richmond, (born 31 January 1945) is a British judge who served as President of the Supreme Court of the United Kingdom from 2017 until her retirement in 2020, and serves as a member of the House of Lords as a Lord Temporal. In 2004, she joined the House of Lords as a Lord of Appeal in Ordinary. She is the only woman to have been appointed to that position. She served as a Law Lord until 2009 when she, along with the other Law Lords, transferred to the new Supreme Court of the United Kingdom, Supreme Court as a result of the Constitutional Reform Act 2005. She served as Deputy President of the Supreme Court of the United Kingdom, Deputy President of the Supreme Court from 2013 to 2017. On 5 September 2017, Hale was appointed under the premiership of Theresa May to serve as President of the Supreme Court of the United Kingdom, President of the Supreme Court, and was sworn in on 2 October 2017. She was the third person and first woman to ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Supreme Court
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strip-search
A strip search is a practice of searching a person for weapons or other contraband suspected of being hidden on their body or inside their clothing, and not found by performing a frisk search, but by requiring the person to remove some or all clothing. The search may involve an official performing an intimate person search and inspecting their personal effects and body cavities (mouth, vagina, rectum, etc.). A strip search is more intrusive than a frisk and requires legal authority. Regulations covering strip searches vary considerably and may be mandatory in some situations or discretionary in others. Legality of strip searches In North America, civil lawsuits, as well as criminal code charges against strip searches have usually been successful when a person is strip searched by someone of the opposite sex, especially in cases where a woman has been strip searched by a male guard or guards. The more disputed legal cases have often involved the presence of people of the oth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cerebral Palsy
Cerebral palsy (CP) is a group of movement disorders that appear in early childhood. Signs and symptoms vary among people and over time, but include poor coordination, stiff muscles, weak muscles, and tremors. There may be problems with sensation, vision, hearing, and speaking. Often, babies with cerebral palsy do not roll over, sit, crawl or walk as early as other children of their age. Other symptoms include seizures and problems with thinking or reasoning, which each occur in about one-third of people with CP. While symptoms may get more noticeable over the first few years of life, underlying problems do not worsen over time. Cerebral palsy is caused by abnormal development or damage to the parts of the brain that control movement, balance, and posture. Most often, the problems occur during pregnancy, but they may also occur during childbirth or shortly after birth. Often, the cause is unknown. Risk factors include preterm birth, being a twin, certain infections during pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wainwright V Home Office
is an English tort law case concerning the arguments for a tort of privacy, and the action for battery. Facts Alan Wainwright, along with his mother, went to visit his stepbrother, who was detained in Leeds Prison awaiting trial. Because the stepbrother was suspected of taking drugs in jail, both visitors were asked to consent to a strip search under Rule 86(1) of the Prison Rules 1964 (consolidated 1998), which grants prison authorities a power to search any person entering a prison. They reluctantly consented and were searched by prison officers, which they found upsetting. In particular, Alan Wainwright was handled in a way that Home Office counsel that later conceded was battery. The Wainwrights then consulted a solicitor, who arranged for them to be examined by a psychiatrist. The psychiatrist concluded that Alan, who had physical and learning difficulties, had been so severely affected by his experience that he suffered post-traumatic stress syndrome. Mrs Wainwright h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
