R v Northavon District Council, ex parte Smith (pet. all.)
| Jurisdiction | England & Wales |
| Judgment Date | 14 July 1994 |
| Date | 14 July 1994 |
| Court | House of Lords |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
133 cases
-
R (J) v Worcester County Council (Equality and Human Rights Commission intervening) [QBD]
...hypothesi still be physically present. 48 In relation to section 27 Mr Sharland helpfully drew my attention to a passage in R v Northavon District Council Ex p Smith [1994] AC 402 at 409 B — E. There, Lord Templeman expressed agreement with a passage he quoted from the judgment at first ins......
-
Margaret Gardner v Rivington Gardner
...to “recklessness,” which is how “carelessness to a grave degree,” or “gross negligence” are to be interpreted. See R.v Adomako (1995) 1 A.C. 171 (H.L.);& Andrews v D.P.P. [1937] A.C. 576 (H.L.); & R v Stone & Dobinson [1977] Q.B. 354. 17 Applying the law as aforementioned to the evidence......
-
ICDL GCC Foundation FZ-LLC and Others v European Computer Driving Licence Foundation Ltd
...if its seriousness in all the circumstances is such that a jury considers that it should be characterised as a crime. See R v. Adamoko [1995] 1 A.C. 171. The analogy in the civil field would be to explain gross negligence as conduct so seriously negligent that the defendant should not be en......
-
R v Gemma Evans
...are governed by decisions of the House of Lords. The first is manslaughter arising from the defendant's gross negligence. ( R v Adomako [1995] 1 AC 171) The second arises when the defendant has created a dangerous situation and when, notwithstanding his appreciation of the consequent risks,......
Request a trial to view additional results
3 firm's commentaries
-
10 Tips To Remember When Doing An Inquest
..., R (Wright) v Secretary of State (2001) 62 BMLR 16, R (application Touche) v Inner North London Coroner [2001] QB 1206, R v Adomako [1995] 1 AC 171, R (application Scott) v HM Coroner for Inner West London (2001) 62 BMLR 222, R (application Dawson) v HM Coroner for Kingston- upon Hull (unr......
-
Updates from the courts in relation to medical manslaughter and gross negligence
...exemplifies the similarities between England and Australia's legal positions on medical manslaughter. England (as decided in R v Adomako [1995] 1 AC 171, 182) Australia (as decided in R v Taktak (1988) 14 NSWLR 226, 250; The Queen v Lavender [2005] HCA 37) The defendant owed the victim a du......
-
Safety And Quality In Healthcare - Dr Patel Convicted Of Medical Manslaughter
...to the victim or persons placed in a similar relationship as the victim was to the accused. The leading English case of R v Adomako [1994] 3 All ER 79, involved the death of a patient during a routine eye operation. A mechanical breathing tube became disconnected and this was unnoticed and ......
56 books & journal articles
-
A Right to Assist? Assisted Dying and the Interim Policy
...be able to foresee the consequences of his actions, inparticular to be able to avoid incurring the sanction of the criminallaw.118111 [1995] 1 AC 171.112 In the leading case on gross negligence manslaughter, Lord Mackay stated thecriteria that must be met for liability to be ascribed: ‘The ......
-
Recklessness—The Continuing Search for a Definition
...andthe Criminal Law’ (1981)1 LS 267.29 R v Seymour [1983] 2 AC 493. The extent to which this offence still existsfollowing R vAdomako [1995] 1 AC 171 is questionable.30 Later replaced by dangerous driving following the Department of Transport andthe Home Office, Road Traffic Review Report......
-
Lawmakers, Law Lords and Legal Fault: Two Tales from the (Thames) River Bank: Sexual Offences Act 2003; R v G and Another
...damage was the unforeseen damage to the vase?99 [2003] 4 All ER 765 at 785.100 Sexual Offences Act 2003, s. 1, discussed above.101 [1994] 3 All ER 79 at 88.102 Lord Taylor CJ, in the Court of Appeal in Rv Prentice, Adomako and Holloway[1993] 4 All ER 935 at 940–1 had likewise shown his disa......
-
A Different Ball Game—Why the Nature of Consent in Contact Sports Undermines a Unitary Approach
...this, in addressing particular instances, it is appar-ent that assessing the liability of the defendant by reference to the degree69 [1995] 1 AC 171.70 (1982) 75 Cr App R 154.71 For gross negligence manslaughter, after establishing that a duty of care, breach ofthat duty and causation, the ......
Request a trial to view additional results