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Chadwick V British Railways Board
''Chadwick v. British Railways Board'' 9672 All ER 945 was an English High Court (Queen's Bench Division) judgement, dealing with the possibility of recovering psychiatric harm suffered by helpers who have witnessed and assisted at an accident. The Court ruled that such helpers, as "primary victims" of the accident, could recover the damage caused by nervous shock in the same way as personal injury, unlike "secondary victims", who have merely witnessed the accident without being directly involved in it.The terminology of "primary" and "secondary" victim was introduced in a later Court of Appeal case of '' Page v. Smith'' Facts The plaintiff, Henry Chadwick (Ellen Chadwick suing as administratrix of the estate of her late husband Henry Chadwick who had died in 1962) was described as a cheerful man who was very active in his local community and ran a successful window cleaning business. Though he had suffered in 1941 with psycho-neurotic symptoms, in following years he suffered n ... [...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 and the Crown Court, are the 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 first instance with all high value and high importance civil law (non-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 and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queen's Bench Division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nervous Shock
In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. Definition To amount in law to "nervous shock", the psychiatric damage suffered by the claimant must extend beyond grief or emotional distress to a recognised mental illness, such as anxiety neurosis or reactive depression. Damages for bereavement suffered as a result of the wrongful death of a close one are available under the Fatal Accidents Act 1976, while courts can also award damages for "pain and sufferi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Page V
Page most commonly refers to: * Page (paper), one side of a leaf of paper, as in a book Page, PAGE, pages, or paging may also refer to: Roles * Page (assistance occupation), a professional occupation * Page (servant), traditionally a young male servant * Page (wedding attendant) People with the name * Page (given name) * Page (surname) Places Australia * Page, Australian Capital Territory, a suburb of Canberra * Division of Page, New South Wales * Pages River, a tributary of the Hunter River catchment in New South Wales, Australia * The Pages, South Australia, two islands and a reef **The Pages Conservation Park, a protected area in South Australia United States * Page, Arizona, a city * Page, Indiana * Page, Minneapolis, Minnesota, a neighborhood * Page, Nebraska, a village * Page, North Dakota, a city * Page, Oklahoma, an unincorporated community * Page, Virginia * Page, Washington, a ghost town * Page, West Virginia, a census-designated place * Page Airport (disambiguation ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lewisham Rail Crash
On the evening of 4 December 1957, two trains crashed in dense fog on the South Eastern Main Line near Lewisham in south-east London, causing the deaths of 90 people and injuring 173. An electric train to had stopped at a signal under the bridge, and the following steam train to crashed into it, destroying a carriage and causing the bridge to collapse onto the steam train. The bridge had to be completely removed; it was over a week before the lines under the bridge were reopened, and another month before the bridge was rebuilt and traffic allowed over it. The driver of the Ramsgate train was acquitted of manslaughter charges after two trials. The Ministry of Transport report found that he had failed to slow down after passing two caution signals, so he was unable to stop at the danger signal, concluding that the use of an Automatic Warning System would have prevented the collision. Collision On the evening of 4 December 1957 there was heavy fog in the London area, and trains ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Railways Board
British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, the English language as spoken and written in the United Kingdom or, more broadly, throughout the British Isles * Celtic Britons, an ancient ethno-linguistic group * Brittonic languages, a branch of the Insular Celtic language family (formerly called British) ** Common Brittonic, an ancient language Other uses *'' Brit(ish)'', a 2018 memoir by Afua Hirsch *People or things associated with: ** Great Britain, an island ** United Kingdom, a sovereign state ** Kingdom of Great Britain (1707–1800) ** United Kingdom of Great Britain and Ireland (1801–1922) See also * Terminology of the British Isles * Alternative names for the British * English (other) * Britannic (other) * British Isles * Brit (other) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remoteness (law)
In English law, remoteness between a cause of action and the loss or damage sustained as a result is addressed through a set of rules in both English tort law, tort and English contract law, contract, which limit the amount of compensatory damages available for a legal wrong, wrong. In negligence, the test of causation in English law, causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. As with the policy issues in establishing that there was a duty of care in English law, duty of care and that that duty was breach of duty in English law, breached, remoteness is designed as a further limit on a cause of action to ensure that the liability to pay damages placed on the defendant is done fairly. Tort Directness The traditional approach was that once a breach in the duty of care had been established, a defendant was liable for all the consequent damage no matter how unusual or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nervous Shock (English Law)
In English law, a nervous shock is a psychiatric / mental illness or injury inflicted upon a person by intentional or negligent actions or omissions of another. Often it is a psychiatric disorder triggered by witnessing an accident, for example an injury caused to one's parents or spouse. Although the term "nervous shock" has been described as "inaccurate" and "misleading", it continues to be applied as a useful abbreviation for a complex concept. The possibility of recovering damages for nervous shock, particularly caused by negligence, is strongly limited in English law. Definition To amount in law to "nervous shock", the psychiatric damage suffered by the claimant must extend beyond grief or emotional distress to a recognised mental illness, such as anxiety neurosis or reactive depression. Damages for bereavement suffered as a result of the wrongful death of a close one are available under the Fatal Accidents Act 1976, while courts can also award damages for "pain and suf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
White V Chief Constable Of The South Yorkshire Police
''White v Chief Constable of the South Yorkshire Police'' was a 1998 case in English tort law in which police officers who were present in the aftermath of the Hillsborough disaster sued for post traumatic stress disorder. The claim was rejected by the House of Lords on the basis that none of the claimants could be considered "primary victims" "since none of them were at any time exposed to personal danger nor reasonably believed themselves to be so". The decision could have been disposed of in the manner of Chadwick v British Railways Board, where the rescuer may not have been in physical danger but was awarded damages due to his putting himself in the 'zone of danger', after the event. This was not followed and the "rescuers" category was thus limited in terms of people acting in the course of their job. See also *''Alcock v Chief Constable of South Yorkshire Police is a leading English tort law case on liability for nervous shock (psychiatric injury). The case centred upon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Page V Smith
is a decision of the House of Lords. It is part of the common law of England and Wales. The case concerns foreseeability of psychiatric damage and creates an important distinction between primary and secondary victims in the English law of negligence relating to the recovery of such damage. Facts The plaintiff, Mr Page, was involved in a minor car accident, and was physically unhurt in the collision. However the crash did result in a recurrence of myalgic encephalomyelitis (chronic fatigue syndrome) from which he had suffered for 20 years but was then in remission. The defendant admitted that he had been negligent, but said he was not liable for the psychiatric damage as it was unforeseeable and therefore not recoverable as a head of damage. Judgment The leading judgment was given by Lord Lloyd of Berwick who, following from the factual distinction made by Lord Oliver in Alcock v Chief Constable of South Yorkshire, held that Mr Page was a primary victim. Mr Page had been di ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
