Professional Negligence in the Manner he in UK Law
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Contributory Negligence in the Twenty‐First Century: An Empirical Study of First Instance Decisions
In this article we report the results of an empirical study of 368 first instance decisions on the contributory negligence doctrine handed down in England and Wales between 2000 and 2014. The two c...... ... (2) Professional negligence claims concerning an underlying claim in which contributory ... of the claimants in such claims behave in a particularly foolhardy manner. (W e considered the possibility that this result might be explicable on ... ...
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ADVOCATES' IMMUNITY FROM NEGLIGENCE ACTION
After considering the circumstances in which advocates' immunity from liability in negligence exist, the paper looks at the reasons for the continued existence of the rule and, in particular, the g...... ... right that such a rule, if it is to exist, should cover all professional advo-cates. In 1979 the validity of the immunity rule on 'public policy' ... in the event of failure to carry out that work in a compe-tent manner. As Lord Diplock pointed out in Saif Ali: 'The fact that application of ... ...
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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...... ... that her conduct ‘fell avery long way short’4of expected professional standards.The case reignites debate about the theoretical and practical ... had the capacity and fair opportunity to act in a non-negligent manner and did not, see H.L.A. Hart, Punishment andResponsibility, 2nd edn ... ...
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A Betrayal of Trust? Back to the Drawing Board for Medical Manslaughter
In seeking to provide a solution to the issues raised by medical manslaughter, Wheeler and Wheeler have recently proposed reform by way of a reconceptualised offence based on a breach of a fiduciar...... ... provides an examination of gross negligence manslaughter, before undertaking a review of the ... of (Criminal) Gross Negligence on Professional Tribunals’ (2018) 82 JCL 197; J The Journal of ... jury also stands in marked contrast to the manner in which mere negligence is determined. 51 While ... ...
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The Human Rights Act 1999: Opening the Door to Negligence Actions against the Police?
... ... its common law duty of care to road users in an expeditious manner led to the plaintiffs injuries and this was held to be negligent ... and Powell, J.L. (1997) Jackson and Powell on Professional Negligence, 4th edn, Sweet & Maxwell. Percy, RA. and Walton, C.T. (1997) ... ...
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Being negligent and liable: a challenge for information professionals
In recent years, increasing attention appears to have been paid by information professionals to issues of professional negligence and liability. Key legal issues are discussed, and negligence and l...... ... sale of goods,product liability, and professional negligence.Legally, these take us firmly into the ... or the survey of ahouse in a reasonable manner). Theassumption is that such failure to perform, ... ...
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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...... ... that an obvious and serious risk was created by the manner of the defendant’s driving, the jury are ... Medical Malpractice and Criminal Liability’ (2009) Professional Negligence 51 ... ...
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Parad0x and Pragmatism: ?Virtual Immunities' and the Imposition of Liability in Negligence Claims Against Local Authorities
The field of public authority liability has attracted much attention through apparent uncertainty of law. The issue of immunity for local authorities, due to policy considerations, has received div...... ... 8 Keith Stanton, ‘Professional negligence: duty of care methodology in the twenty first century’ (2006) ... immunities’ act in a more arbitrary, and hence more damaging, manner than blanket immunities ... It is important to state from the outset ... ...
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Negligence
... ... 884 Element 2: Breach of duty 884 (i) Generally 884 (ii) professional negligence 888 (iii) Vicarious liability and non-delegable duties 895 ... in negligence may arise even if, in a particular case, the speciic manner in which the harm or injury arose was not necessarily foreseeable. 49 ... ...
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The emergence of solicitors’ tortious liability and the award of damages
Analyses the emergence of tortious liability on solicitors and the damages awarded against them for negligence in preparing wills, ie testamentary disposition, when this causes losses to beneficiar...... ... of tortious liability on professional solici-tors and to make a critical analysis of ... against solicitors for their negligence in pre-paring wills (testamentary disposition) ... insurance to be eectedagainst all manner of risk. However, in Smith vClaremont Haynes & ... ...
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