Discuss developments in claims for nervous shock since the case of Alcock v Chief Constable of South Yorkshire  1 AC 310.
Table of Cases Alcock v Chief Constable of South Yorkshire Police  1 AC 310 ... 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14, 17 Atkinson v Seghal  EWCA Civ 697 ... 9 Barber v Somerset County Council (2004) UKHL 13 ... 5 Chadwick v BRB  1 WLR 912... 14 Coates v Government Insurance Office of New South Wales (1995) 36 NSWLR 1 ... 10 Cullin and Others v London Fire and Civil Defence Authority 1999 EWCA Civ 1784 ... 5, 14 Dulieu v White & Sons  2 KB 669 ... 3 Farrell v Merton, Sutton and Wandsworth HA (2000) 57 BMLR 158 ... 9 Frost v Chief Constable of South Yorkshire Police  2 AC 455 ... 13 Jaensch v Coffey  HCA 52 ... 13 MacCarthy The Independent, 12 Dec 1996 ... 15 McFarlane v EE Caledonia Ltd  2 All ER 1 ... 14 McLoughlin v O'Brian  1 AC 410 ... 3 North Glamorgan NHS Trust v Walters  EWCA 1792 ... 9, 12 Page v Smith  2 WLR 644 ... 4, 5, 13 Ravenscroft v Rederiaktiebolaget Transatlantic  2 All ER 470 ... 10 Schedule 2 Claimants v Medical Research Council and Secretary of State for Health (2000) 54 BMLR 1 ... 12 Sion Hampstead HA (1994) 5 Med LR 170 ... 12 Tame v New South Wales and Annetts v Australian Stations Pty Ltd  HCA 35, 76 ALJR 1348 ... 16 Tan v East London and City Health Authority  9 Lloyd's Rep Med 39 ... 10 W v Essex County Council  2 AC
Human Rights ensures basic rights and freedoms Analyse this statement.
Tutor Marked Assignment 07 Question 1: "Human Rights ensures basic rights and freedoms" Analyse this statement This essay sets out to critically analyse the statement: "Human rights ensure basic rights and freedoms". The essay will explain what it is to have a rights and the background of Human Rights. The essay will the move forward to examine the law on privacy, Article 8 of the European Convention of Human Rights and family discipline within the United Kingdom in order to reach a conclusion as to the accuracy of the above statement. There are two types of rights these are moral rights and legal rights. Moral rights naturally exist to all human beings they are universal therefore applicable to everyone and are inalienable. Legal rights are artificial. They are given only in law, not simply on the basis that we are human. Legal rights exist only in certain societies or to those in a certain legal system they are therefore, only applicable to some people and are inalienable. Human Rights legislation is based on the theory that both moral and legal rights should correspond and that legal rights should build on the foundation of moral rights. When thinking about rights it is important to understand that there is a difference between rights and desires or needs. Rights are different to something one may believe is desirable or even morally acceptable, rights are something
smoke free legislation
The smoke free legislation1 came in to force across England on the 1st July 2007, this sets out that all work places and enclosed public places are now smoke free. This legislation has been put forward to protect the public and employees at work of the affects of second hand smoke.Second hand smoking cause's health risks such as lung cancer and heart disease2, it is 25% more likely to increase the likelihood of heart disease3 in work places second hand intake of smoking kills three times more workers than in accident at work places.4 It has been seen that a large number of smokers die every year around 114,000 smokers die in the UK from the affects of smoking5, thus it is a crucial matter than needs to be addressed. There is five sets of regulation that have been stated under the smoke free legislation6 The legislation covers all enclosed public places and work places that will have to be smoke free. It has been of discussion as to whether smoking should be allowed in public places or restricted; nevertheless the new regulations have made it clear that as of the 1st July it will not be allowed. The issue regarding this matter is in terms of the employers whether legally they are or required of to provide a designated smoking spot, or shelter area; this matter is clarified in the legislation as it makes it clear that employers are not legally required to provide such. On
The money laundering legislation the United Kingdom mainly contained in two principle forms of legislation which are the Proceeds of Crime Act 20021 (PoCA) and the Money Laundering Regulations 2003. The Money Laundering Regulations 2003 were made in order to prevent the use of the financial system for the purposes of money laundering. The Regulations give effect to EEC Council Directive 91/308 on prevention of the use of the financial system for the purpose of money laundering2, as amended by European Parliament and Council Directive 2001/97/EC3. They came into force as follows; regulation 10 in so far as it relates to a person who acts as a high value dealer, on 1st April 2004, regulation 2(3)(h)4, on 31st October 2004; regulation 2(3)(i)5, on 14th January 2005; all other regulations, on 1st March 2004. The regulations have identified a number of professions which fall within the "Regulated Sector,' they encompass a wide range of professions including auditors, banks, insurers, tax advisors, estate agents and stockbrokers. In recent years, there is evidence suggesting that firms of accountants and even solicitors have actually assisted criminals in money laundering. Only persons carrying on "relevant business" are affected by the Act. A relevant business includes Regulation 2(2) Persons carrying on a relevant business must comply with requirements relating to identification
Are juries obsolete
Juries have been an integral part of the United Kingdom's court system for a very long time. The system works by recruiting twelve citizens to hear out the testimony of both the defendant and the crown in a case. The first juror chosen is called the foreman and he or she is in charge of leading the proceedings. The twelve jurors then decide on a verdict of either guilty or not guilty. While deciding on their verdict the jurors stay in a quiet room to deliberate and discuss the facts brought to them by both the defence and the prosecution. The jurors can only come to a verdict if all twelve of them agree. If all twelve do not agree then a "hung jury" is called and another group of twelve is selected to come to a verdict. Most cases in the United Kingdom are settled before they go to trial and some cases do not need a jury. An accused person has a right to trial by jury but can instead agree to a bench trial. In the English Legal system, only a small percentage of cases are tried by jury. They are used in the Crown Courts for criminal trials on indictment, High Court, Queen's Bench Division. The most important is the Crown Court where juries decide whether the defendant is guilty or not guilty. This means that the jury is used in about 20,000 cases each year. Basically, the jury is a panel of lay people, 12 in number, who listen to both sides of a case and arrive at a decision
"Prostitution reflects a tendency to view the female body as a commodity and should be strictly controlled and ultimately eradicated." Do you agree? Support your argument with appropriate legal authorities.
"Prostitution reflects a tendency to view the female body as a commodity and should be strictly controlled and ultimately eradicated." Do you agree? Support your argument with appropriate legal authorities. Introduction From the UK court's judgment1, prostitute can be regarded as "a woman who (1) supplies sex on a commercial basis; or (2) contributes her talents and efforts to base purposes for some rewards." Another secular definition can be found in the Oxford English Online Dictionary, "(A) devotion or application to an unworthy or corrupt cause or purpose, esp. for personal gain; debasement or corruption. (A prostitute is) a person entirely or abjectly devoted to another; a 'slave'." Words such as, "unworthy", "corrupt", "abjectly" and "slave", which carry pejorative connotations, pragmatically suggested that prostitution is a corrupted act and it is socially discourage. However, it could be view as a politically incorrect statement because there is no such moral rule which measure "unworthiness" and "corruptness". Based on such definitions, I will explore the spectrum of perceptions towards female prostitution2 and how such views can affects the perceptions of the female body and women in this essay. Hereinafter, I will deduce whether or not prostitution should be strictly controlled and ultimately eradicated with the aid of relevant legal authorities and
Would the children of Marsh Down School and/or their parents have a claim in tort if the events at the disco had resulted in serious injury? If so against whom could a claim be made? The scenario involves a disco at Marsh Down. An invitation was sent out to the public. Three village boys arrive at the school, subsequently, a fight breaks out and a few people are injured, however, none of the students are. The question asks whether the children/parents of Marsh Down would have a claim in tort if the children had sustained any injuries and whom the claim would be made against. Tort is a civil wrong as opposed to a criminal wrong; it gives rise to a lawsuit. There are different kinds of Tort. There is tort of nuisance; trespass; deformation; negligence and occupier's liability. The question at hand is mainly concerned with negligence, however, the tort of occupier's liability will be explored briefly as it could be of some importance to the question. Negligence is a tort consisting of the breach of a duty care resulting in damage to the claimant. In order for the tort to be committed the following must be established: existence of a duty to care towards the plaintiff (P); which has been breached by the defendant (D); causing damage to the (P). a. In this scenario the plaintiff (hereafter P) would be the children of Marsh Down, to establish duty of care the three stage
COPYRIGHT IN FILE-SHARING PROGRAMS:THE NEW ERA
Internet Law Level 3 LLB LAW Student ID: 33165044 Year: 2007/08 Word count: 4047 I certify that this is my own work. The work has not in whole or in part, been presented elsewhere for assessment. Where material has been used from other sources it has been properly acknowledged. If this statement is untrue I acknowledge that I will have committed an assessment offence. I also certify that I have taken a copy of this assignment, which I will retain until after the Board of Examiners has published results and which I will make available on request. QUESTION 2 "The introduction of new technology is always disruptive to old markets, and particularly to those copyright owners whose works are sold through well-established distribution mechanisms."1 Technological advancements such as the introduction of the printing press and other technological inventions such as radios and television broadcasting, the internet, compact discs (CD) and digital versatile disc (DVD), 'has affected both the form and substance of intellectual property rights'.2 The main Intellectual Property Right (IPR) that WIPO is referring to is Copyright. The main aim of my work is to demonstrate using historical examples how the law of copyright has evolved in order to cope with the introduction of new technologies and particularly to deal with the ground-breaking file-sharing of the digital era of the
In relation to regulations acting against money laundering, there are three Acts; Terrorism Act 2000, Proceeds of Crimes Act 2002, and Money Laundering Regulations 2007.
Money laundering and the financing of terrorist activities have been viewed as global predicaments more so since the events of September 11, 2001 and have been recognised as major issues in the international community. The two have been subjected as a threat to the financial welfare with regards to security, stability and efficiency. There has been much debate on the subject as it is not recognised by the general public as serious, who seem unaware of the immense impact it has. Most people do not know that money laundering is a crime upon a crime, as it is criminal activity that takes place after a more recognised criminal activity, such as theft, robbery, drug trafficking, tax evading, and terrorist's acts etc. Thus it is a process in which criminals legitimise their illegal earnings giving the view that it is from a legitimate source and due to the lack of information it is giving the view of a victimless crime. Major criminals who use money laundering to clean their illegal proceeds heavily rely on corrupt national financial systems and in effect allow those concerned to expand in their criminal operation as well as financial status1. This has devastating effects on a countries economy, politics and social and cultural aspects, more so in regards to developing countries. With this in mind, money laundering provokes these upscale criminals in a comfort that they are given a
This assignment will review the design, findings and methodology of an article written by Pamela Coxon and Valentine entitled "The effects of the age of eyewitnesses on the accuracy and suggestibility of their testimony".
Memory presents us with one of the most puzzling problems in the science of the mind. Everyday life requires us to retrieve information that may have been encoded some time before. Some information seems easier to recollect than others. For example, you might assume that it would be a relatively easy task to recollect a crime that you had witnessed. At the time of encoding you would be aware that what you are witnessing is important, and so would have no problem retrieving the information at a later time. This is not always the case, however, and many factors can influence the accuracy and reliability of eyewitness evidence. The age of the witness has emerged as an important variable with researchers, for example (Ceci & Bruck, 1993), showing that young children tend to remember less than older children or adults. A second factor that can have an enormous influence on witness responses is the way questions are phrased. Research has shown that younger children seem to be more susceptible to suggestibility and therefore leading questions should be avoided during interviews (Ceci et al, 2001). This assignment will review the design, findings and methodology of an article written by Pamela Coxon and Valentine entitled "The effects of the age of eyewitnesses on the accuracy and suggestibility of their testimony" (Offprints CD-Rom), and will critically evaluate the research