Gross Negligence in UK Law
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Preiss v General Dental Council
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It is settled that serious professional misconduct does not require moral turpitude. Something more is required than a degree of negligence enough to give rise to civil liability but not calling for the opprobrium that inevitably attaches to the disciplinary offence. The core and most serious shortcoming was summarised by the PCC as failure to ensure that the state of the patient's oral health was appropriate in view of the ambitious treatment plan.
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Van Colle and Another v Chief Constable of the Hertfordshire Police
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It is moreover clear that the Strasbourg court in Osman, para 116, roundly rejected the submission of Her Majesty's Government that the failure to perceive the risk to life in the circumstances known at the time or to take preventative measures to avoid that risk must be tantamount to gross negligence or wilful disregard of the duty to protect life.
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Armitage v Nurse
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I accept the submission made on behalf of Paula that there is an irreducible core of obligations owed by the trustees to the beneficiaries and enforceable by them which is fundamental to the concept of a trust. If the beneficiaries have no rights enforceable against the trustees there are no trusts.
It would be very surprising if our law drew the line between liability for ordinary negligence and liability for gross negligence. In this respect English law differs from civil law systems, for it has always drawn a sharp distinction between negligence, however gross, on the one hand and fraud, bad faith and wilful misconduct on the other.
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The Queen v Joanne Rudling
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They can be summarised as being the breach of an existing duty of care which it is reasonably foreseeable gives rise to a serious and obvious risk of death and does, in fact, cause death in circumstances where, having regard to the risk of death, the
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Re Horsley & Weight Ltd
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The findings of the learned judge are sufficient to support the suspicion that the company could not afford to pay out £10,000 for the benefit of Mr. Horsley Senior, but this suspicion is largely based on hindsight. The accounts show that business was expanding, that there were no discernible cash-flow problems and that past profits were sufficient to absorb half of the payment for the pension, leaving the other half to be absorbed in the future.
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R v Misra (Amit)
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On proper analysis, therefore, the jury is not deciding whether the particular defendant ought to be convicted on some unprincipled basis. The question for the jury is not whether the defendant's negligence was gross, and whether, additionally, it was a crime, but whether his behaviour was grossly negligent and consequently criminal. This is not a question of law, but one of fact, for decision in the individual case.
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Space Industry Act 2018
... ... of the injury or damage are recoverable without proof of negligence or intention or other cause of action, as if the injury or damage had been ... does not apply to liability in respect of wilful misconduct or gross negligence ... (5) For the purposes of subsection (4) there is “gross ... ...
- Corporate Manslaughter and Corporate Homicide Act 2007
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Land Registration Act 2002
... ... land,(ii) a rentcharge,(iii) a franchise,(iv) a profit a prendre in gross, and(v) any other interest or charge which subsists for the benefit of, or ... ...
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Coal Mines Regulation Act 1887
... ... holding a certificate under this Act is by reason of incompetency or gross negligence unfit to discharge his duties, or has been convicted of an ... ...
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Gross Negligence Manslaughter by Omission
There has been much academic debate concerning criminal liability for omissions and the extent to which such liability should be extended. The focus here concerns a recent, unreported, conviction f...
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Gross Negligence Manslaughter on the Cusp
Despite playing a significant role in defining the boundaries of manslaughter, the ‘gross negligence’ concept is notoriously indeterminate. There is no comprehensible and consistent means of measur...
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Gross Negligence Manslaughter Revisited: Time for a Change of Direction?
This article postulates that the House of Lords took a wrong turn in Adomako, missing the opportunity to revise the Caldwell/Lawrence guidance on recklessness, to produce a more appropriate determi...
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Doctors Are Aggrieved—Should They Be? Gross Negligence Manslaughter and the Culpable Doctor
Doctors may also be criminals. Mercifully, this is a rare event but no health professional is infallible, mistakes happen and the challenge is to distinguish inadvertence from wilful disregard for ...
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Can Gross Negligence Constitute Gross Misconduct?
The Court of Appeal (CA) in Adesokan v Sainsbury's Supermarkets Ltd [2017] EWCA Civ 22 considered whether an employee’s failure to act constituted gross misconduct. Mr Adesokan, a long-serving...
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Gross negligence
It is rare for an employer to rely on an employee's negligence as a sufficient reason to dismiss. This is particularly the case where there has been a one-off error. Also, it is likely that a more ...
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Corporate Trustees: how gross must negligence be?
Surprisingly, the distinction between negligence and gross negligence in English contract and trust law is unclear. On one view, reflected in the older cases, there is little or no difference at all.
- Gross Negligence: Could Do Better!
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Stage 2 settlement pack form and response to settlement pack
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Initial defendant response ... Evidence Comments ... Gross contributory ... negligence Interest ... claimed deductions ... amount ... ...
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Interim settlement pack form and response to interim settlement pack
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... pursued attached ... Defendant response ... contributory ... negligence ... deductions ... Gross value contributory ... negligence ... deductions ... ...
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Court proceedings pack (part A - part B)
Road Traffic Act (RTA) personal injury forms including the form to contest an RTA claim.... ... Claimant Losses ... being Evidence ... pursued attached ... Gross value % contributory ... negligence ... deductions ... Defendant response ... ...
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Collision statement of case
Forms relating to shipping and maritime disputes, including Form ADM1 to make a claim relating to a collision or other damage.... ... ports of registry ... The length, breadth, gross tonnage, ... horsepower and draught at the ... material time of the ship ... all allegations of negligence or other fault on which the party filing this collision statement of case ... ...