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Wilsher V Essex Area Health Authority
''Wilsher v Essex Area Health Authority'' 988AC 1074 is an English tort law case concerning the "material increase of risk" test for causation. Facts The defendant hospital, initially acting through an inexperienced junior doctor, negligently administered excessive oxygen during the post-natal care of a premature child who subsequently became blind. Excessive oxygen was, according to the medical evidence, one of five possible factors that could have led to blindness. On the "balance of probabilities" test, the hospital would not be liable, since it was more likely that one of the alternate risks had caused the injury. The Court of Appeal applied the "material increase of risk" test, first espoused in '' McGhee v National Coal Board''. The Court found that since the hospital breached its duty and thus increased the risk of harm, and that the plaintiff's injury fell within the ambit of that risk, the hospital was liable despite the fact the plaintiff had not proved the hospital's ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Bridge Of Harwich
Nigel Cyprian Bridge, Baron Bridge of Harwich, PC (26 February 1917 − 20 November 2007) was a British judge, who served as Lord of Appeal in Ordinary between 1980 and 1992. A leading appellate judge, Bridge is also remembered for having presided over the Birmingham Six trial. Early life Bridge was born in Codicote, Hertfordshire, the second son of Commander Cyprian Dunscomb Charles Bridge, Royal Navy, and of Gladys Bridge, ''née'' Steel, the daughter of a Lancashire cotton manufacturer. He never met his father, who had abandoned his mother shortly after his birth. He was the younger brother of Anthony Bridge, later Dean of Guildford. He followed his elder brother to Marlborough College, with a scholarship. Disliking the school, he went to Europe, where he learned French and German. Returning to Britain, he worked as a journalist on regional newspapers in Lancashire, and wrote an unpublished novel. He volunteered to join the Fleet Air Arm before the Second World War broke ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Fraser Of Tullybelton
Walter Ian Reid Fraser, Baron Fraser of Tullybelton, (3 February 1911 – 17 February 1989) was a British judge. Life and career Ian Fraser was born in Glasgow on 3 February 1911, the only child of Alexander Reid Fraser, a Glasgow fur merchant, and his wife Margaret Russell MacFarlane. He was educated at Sandroyd School, Repton School and later studied Philosophy, Politics and Economics at Balliol College, Oxford, graduating in 1932 with First Class Honours. He finished his studies at the University of Glasgow with a Bachelor of Laws in 1935. The following year he was admitted to the Scottish Faculty of Advocates, where he soon earned a reputation as an excellent jurist. At the same time he held a teaching post at the University of Glasgow and from 1948 at the University of Edinburgh. His 1936 work "Outline of Constitutional Law" (2nd edition 1948) was soon regarded as the standard work on British constitutional law. During the war he served first as a sergeant in an anti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Lowry
Robert Lynd Erskine Lowry, Baron Lowry, PC, PC (NI) (30 January 1919 – 15 January 1999), was a Lord Chief Justice of Northern Ireland and a Lord of Appeal in Ordinary. Knighted in 1971, he was created a life peer as Baron Lowry, of Crossgar in the County of Down, on 18 July 1979, in the early months of the Thatcher government. Early life His father was former Ulster Unionist Member of ParliamentODNB and Attorney General for Northern Ireland William Lowry. His mother was a niece of Sinn Féin activist, Robert Wilson Lynd.''Obituary: Lord Lowry''; The Independent; 18 January 1999 He attended the Royal Belfast Academical Institution and Jesus College, Cambridge, where he read Classics, achieving a double first. Military During the Second World War, he fought with the Royal Inniskilling Fusiliers in Tunisia, followed by the Royal Irish Fusiliers before becoming a Major in 1945. He has since held the title of Honorary Colonel for * 38th Irish Infantry Brigade - 5th Battalion a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugh Griffiths, Baron Griffiths
William Hugh Griffiths, Baron Griffiths, MC, PC (26 September 1923 – 30 May 2015) was a British soldier, cricketer, barrister, judge and life peer. The son of Sir Hugh Griffiths, he was educated at Charterhouse School and St John's College, Cambridge. During the Second World War he served in the Welsh Guards, receiving a Military Cross in 1944 for an action in which he disarmed a German tank. Griffiths was called to the Bar, Inner Temple in 1949, and became a Queen's Counsel in 1964. From 1962 to 1964, he was Recorder of Margate, and from 1964 to 1970 of Cambridge. In 1971, Griffiths was knighted and was made Judge of the High Court of Justice, Queen's Bench Division, a post he held until 1980. Between 1980 and 1985, he was Lord Justice of Appeal, and between 1985 and 1993 Lord of Appeal in Ordinary, and was created, on 23 May 1985, a life peer with the title Baron Griffiths, of Govilon, in the County of Gwent on his appointment. Griffiths married three times: first ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Ackner
Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are entitled to courtesy titles. The collective "Lords" can refer to a group or body of peers. Etymology According to the Oxford Dictionary of English, the etymology of the word can be traced back to the Old English word ''hlāford'' which originated from ''hlāfweard'' meaning "loaf-ward" or "bread-keeper", reflecting the Germanic tribal custom of a chieftain providing food for his followers. The appellation "lord" is primarily applied to men, while for women the appellation "lady" is used. This is no longer universal: the Lord of Mann, a title previously held by the Queen of the United Kingdom, and female Lords Mayor are examples of women who are styled as "Lord". Historical usage Feudalism Under the feudal system, "lord" had a wide ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation In English Law
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law. In the English law of negligence, causation proves a direct link between the defendant’s negligence and the claimant’s loss and damage. For these purposes, liability in negligence is established when there is a breach of the duty of care owed by the defendant to the claimant that causes loss and damage, and it is reasonable that the defendant should compensate the claimant for that loss and damage. Public policy Policy at this level is less than ''ordre public'', but nevertheless significant. The policy is to give bound to the scope of people who can claim damages, how much they can claim, and within what timeframe. The claimant must prove that the breach of the duty of care caused actionable damage. The test for these purposes is a balance between proximity and remoteness: *that the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McGhee V National Coal Board
''McGhee v National Coal Board'' 972UKHL 7 1 W.L.R. 1, is a leading tort case decided by the House of Lords. The Lords held that where a breach of duty has a material effect on the likelihood of injury then the subsequent injury will be said to have been caused by the breach. This approach was taken to resolve injustice arising from the orthodox 'but for' test for factual causation. Otherwise, under the 'but for' test, multiple potential causes of harm would hold equal causal weighting, making it impossible to establish a greater than 50% probability of one cause. Facts James McGhee was employed to clean out brick kilns and developed dermatitis from the accumulation of coal dust on his skin. Because there were no shower facilities at his workplace, he would cycle home each day, increasing the risk he would contract dermatitis. Had his employer provided shower facilities, the coal dust could have been washed off before cycling, reducing the risk of contracting dermatitis. Due to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fairchild V Glenhaven Funeral Services Ltd
''Fairchild v Glenhaven Funeral Services Ltd'' [2002UKHL 22is a leading case on causation in English tort law. It concerned malignant, malignant mesothelioma, a deadly disease caused by breathing asbestos fibres. The House of Lords approved the test of "materially increasing risk" of harm, as a deviation in some circumstances from the ordinary "balance of probabilities" test under the "but for" standard. Facts Mr Fairchild had worked for a number of different employers, as a subcontractor for Leeds City Council, all of whom had negligently exposed him to asbestos. Mr Fairchild contracted pleural mesothelioma. He died, and his wife was suing the employers on his behalf for negligence. A number of other claimants were in similar situations, and joined in on the appeal. The problem was, a single asbestos fibre, inhaled at any time, can trigger mesothelioma. The risk of contracting an asbestos related disease increases depending on the amount of exposure to it. However, because of lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Tort 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 * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Causation 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 * E ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
