Final Thesis
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Chester V Afshar [2004] 4 All ER 587
1/13 INFORMED CONSENT THROUGH THE BACK DOOR? CASE NOTE: Chester v Afshar [2004] 4 All ER 587. Rob Heywood* INTRODUCTION Chester v Afshar 1 represents the most recent House of Lord's case on the issue of negligent liability for failure to disclose information, and has arguably provided the most significant development in this field since 1985. 2 Historically, the majority of legal debate has surrounded the standard of care in medical disclosure cases and the amount of information patients are entitled to in order that they can make an informed decision. However, the issue here was one of causation and how, if indeed at all, legal rules can be manipulated as a means of vindicating patient autonomy. THE FACTS Miss Chester suffered from significant motor and sensory disturbance in her lower body and limbs after a spinal operation carried out by the defendant surgeon, Mr. Afshar. She had been suffering from intolerable back pain for a number of years which had previously been controlled by conservative non-invasive treatment. As a result of serious deterioration of her spinal disks, she agreed to a consultation with Mr. Afshar with a view to the discussion of surgery. It was maintained by the claimant that this appointment was only ever agreed to on the basis that it would be a mere exploratory conversation about the desirability of surgery or otherwise. During the consultation, upon receipt of an MRI scan, Mr. Afshar was of the opinion that * Lecturer in Law. Law Department, Sheffield Hallam University. [email protected] . The author would like to express thanks to Lesley Lomax for her interesting comments and discussions about this case. -
Andoh, Ben Amin. (2001). Exemplary Damages and the Police
!∀ #!∃ %!& ∀∋()∗ &+ ,,! !−,), Mountbatten Journal ofLegal Studies Exemplary Damages and the Police: Some Reflections Benjamin Andoh Acknowledgement I wish to thank the editor and the two anonymous refereesjor their comments on an earlier draft. Any errors are mine. Introduction Damages in civil suits are either compensatory or non-compensatory. Exemplary damages are one of the non-compensatory damages, the others being nominal damages and derisory or contemptuous damages. Nominal damages are awarded where the claimant, though wronged, eg, via breach of contract, has suffered no damage/loss, l and contemptuous damages show the court's disgust or reprimand ofthe claimant for bringing his action.2 Therefore, those damages are very small amounts. For example, contemptuous damages of one half-penny were awarded in Pamplin v Express Newspapers and nominal damages of £10 in C and P Haulage v Middleton. Exemplary damages, on the other hand, can be quite substantial because they are intended to punish the defendant. However, their availability has been quite a contentious issue. They have also been awarded over the years consistently and in fairly large amounts against the police. But, in 1997 the Court ofAppeal, by way ofguidelines, imposed a limit on the amounts awardable against the police. However, those guidelines of the Court of Appeal have not been followed in all cases. One instance ofthis, as will be shown below, is ajury's disregard ofthem in Merseyside in 1998.3 CandP HaulagevMiddleton [1983] 3 AlI ER 93. Eg, where in a defamation case the defendant has apologised and offered tu make amends: Dering v Uris [1964] 2 QB 669; Pamplin v Express Newspapers (No 2) [1988] I All ER 282. -
The Destruction of Convoy PQ.17
The Destruction of Convoy PQ.17 DAVID IRVING Simon and Schuster: New York This PDF version: © Focal Point Publications 2002 i Report errors ii This PDF version: © Focal Point Publications 2002 Report errors Jacket design of the original Cas This PDF version: © Focal Point Publications 2002 iii Report errors ssell & Co. edition, London, This is the original text of The Destruction of Convoy PQ. as first published in . In order to comply with an order made in the Queen’s Bench division of the High Court in , after the libel action brought by Captain John Broome, a number of passages have been blanked out. In 1981 a revised and updated edition was published by William Kimber Ltd. incorporating the minor changes required by Broome’s solicitors. First published in Great Britain by Cassell & Co. Limited Copyright © David Irving , Electronic edition © Focal Point Publications All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form, or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publishers. This electronic Internet edition is made avaiolable for leisure reading and research purposes only, and any commercial exploitation of the work without the written consent of the copyright owners will be prosecuted. iv This PDF version: © Focal Point Publications 2002 Report errors INTRODUCTION All books have something which their authors most wish to bring to their readers’ attention. Some authors are successful in this, -
Understanding Intimidation John Murphy*
View metadata, citation and similar papers at core.ac.uk brought to you by CORE bs_bs_banner provided by Lancaster E-Prints Understanding Intimidation John Murphy* This article examines the gist, vitality and practical utility of the tort of intimidation and identifies what count as unlawful threats and as actionable harm. While two versions of the tort have been identified in the past – one involving two parties, one involving three – only the former has survived the decision of the House of Lords in OBG v Allan. In the context considering the tort’s practical usefulness, the article exposes as bogus the suggestion that two- party intimidation offers nothing that is not already supplied under the law of contract via the doctrines of anticipatory breach, duress and economic duress. The article concludes with two radical suggestions. First, that two-party intimidation is not a specifically economic tort and secondly, in view of this fact, it was a most inappropriate tool for the House of Lords to have used in their resurrection of the tort of unlawful means conspiracy in Total Network SL v Revenue and Customs Commissioners. INTRODUCTION The tort of intimidation is of very considerable vintage.1 Yet, so sparse were the reported cases during the three centuries that followed its first application that, in the landmark case of Rookes v Barnard (Rookes), one Court of Appeal judge described it as an ‘obscure, unfamiliar and peculiar cause of action’.2 Certainly, the tort had eluded anything approaching rigorous judicial analysis or exposition for the best part of a century until the House of Lords had occasion to examine it in depth in that self-same case.3 Little wonder, then, that one stand-out feature of Rookes should have been that the defendant persisted throughout the litigation *Lancaster University. -
Orme) Wilberforce (Albert) Raymond Blackburn (Alexander Bell
Copyrights sought (Albert) Basil (Orme) Wilberforce (Albert) Raymond Blackburn (Alexander Bell) Filson Young (Alexander) Forbes Hendry (Alexander) Frederick Whyte (Alfred Hubert) Roy Fedden (Alfred) Alistair Cooke (Alfred) Guy Garrod (Alfred) James Hawkey (Archibald) Berkeley Milne (Archibald) David Stirling (Archibald) Havergal Downes-Shaw (Arthur) Berriedale Keith (Arthur) Beverley Baxter (Arthur) Cecil Tyrrell Beck (Arthur) Clive Morrison-Bell (Arthur) Hugh (Elsdale) Molson (Arthur) Mervyn Stockwood (Arthur) Paul Boissier, Harrow Heraldry Committee & Harrow School (Arthur) Trevor Dawson (Arwyn) Lynn Ungoed-Thomas (Basil Arthur) John Peto (Basil) Kingsley Martin (Basil) Kingsley Martin (Basil) Kingsley Martin & New Statesman (Borlasse Elward) Wyndham Childs (Cecil Frederick) Nevil Macready (Cecil George) Graham Hayman (Charles Edward) Howard Vincent (Charles Henry) Collins Baker (Charles) Alexander Harris (Charles) Cyril Clarke (Charles) Edgar Wood (Charles) Edward Troup (Charles) Frederick (Howard) Gough (Charles) Michael Duff (Charles) Philip Fothergill (Charles) Philip Fothergill, Liberal National Organisation, N-E Warwickshire Liberal Association & Rt Hon Charles Albert McCurdy (Charles) Vernon (Oldfield) Bartlett (Charles) Vernon (Oldfield) Bartlett & World Review of Reviews (Claude) Nigel (Byam) Davies (Claude) Nigel (Byam) Davies (Colin) Mark Patrick (Crwfurd) Wilfrid Griffin Eady (Cyril) Berkeley Ormerod (Cyril) Desmond Keeling (Cyril) George Toogood (Cyril) Kenneth Bird (David) Euan Wallace (Davies) Evan Bedford (Denis Duncan) -
New Interpretations in Naval History Craig C
U.S. Naval War College U.S. Naval War College Digital Commons Historical Monographs Special Collections 1-1-2012 HM 20: New Interpretations in Naval History Craig C. Felker Marcus O. Jones Follow this and additional works at: https://digital-commons.usnwc.edu/historical-monographs Recommended Citation Felker, Craig C. and Jones, Marcus O., "HM 20: New Interpretations in Naval History" (2012). Historical Monographs. 20. https://digital-commons.usnwc.edu/historical-monographs/20 This Book is brought to you for free and open access by the Special Collections at U.S. Naval War College Digital Commons. It has been accepted for inclusion in Historical Monographs by an authorized administrator of U.S. Naval War College Digital Commons. For more information, please contact [email protected]. NAVAL WAR COLLEGE PRESS New Interpretations in Naval History Selected Papers from the Sixteenth Naval History Symposium Held at the United States Naval Academy 10–11 September 2009 New Interpretations in Naval History Interpretations inNaval New Edited by Craig C. Felker and Marcus O. Jones O. andMarcus Felker C. Craig by Edited Edited by Craig C. Felker and Marcus O. Jones NNWC_HM20_A-WTypeRPic.inddWC_HM20_A-WTypeRPic.indd 1 22/15/2012/15/2012 33:23:40:23:40 PPMM COVER The Four Days’ Battle of 1666, by Richard Endsor. Reproduced by courtesy of Mr. Endsor and of Frank L. Fox, author of A Distant Storm: The Four Days’ Battle of 1666 (Rotherfi eld, U.K.: Press of Sail, 1996). The inset (and title-page background image) is a detail of a group photo of the midshipmen of the U.S. -
Duties of Care, Causation, and the Implications of Chester V Afshar', Edinburgh Law Review, Vol
Edinburgh Research Explorer Duties of Care, Causation, and the Implications of Chester v Afshar Citation for published version: Hogg, M 2005, 'Duties of Care, Causation, and the Implications of Chester v Afshar', Edinburgh Law Review, vol. 9, pp. 156-67. https://doi.org/10.3366/elr.2005.9.1.156 Digital Object Identifier (DOI): 10.3366/elr.2005.9.1.156 Link: Link to publication record in Edinburgh Research Explorer Document Version: Publisher's PDF, also known as Version of record Published In: Edinburgh Law Review Publisher Rights Statement: ©Hogg, M. (2005). Duties of Care, Causation, and the Implications of Chester v Afshar. Edinburgh Law Review, 9, 156-67doi: 10.3366/elr.2005.9.1.156 General rights Copyright for the publications made accessible via the Edinburgh Research Explorer is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The University of Edinburgh has made every reasonable effort to ensure that Edinburgh Research Explorer content complies with UK legislation. If you believe that the public display of this file breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 01. Oct. 2021 156 the edinburgh law review Vol 9 2005 Civilian, on the point raised in this case, than the modern codified Civilian systems; both go far to protect the owner’s right through general insistence on the Romanist nemo dat quod non habet. -
WARFARE OFFICERS CAREER HANDBOOK II Warfare Officers Career Handbook
WARFARE OFFICERS CAREER HANDBOOK II WARFARE OFFICERS CAREER HANDBooK Warfare O fficers C areer H andbook IV WARFARE OFFICERS CAREER HANDBooK Foreword The Warfare Officers Career Handbook provides information for members of the Royal Australian Navy’s Warfare community. For the purposes of this handbook, the Warfare community is deemed to include all officers of the Seaman, Pilot and Observer Primary Qualifications. The Warfare Officer Community symbiotically contains personnel from the seaman, Submarine, Aviation, Hydrographic and Meteorological, Mine Clearance Diving and Naval Communications and Intelligence groups. The Warfare Officers Career Handbook is a source document for Warfare Officers to consult as they progress through their careers. It is intended to inform and stimulate consideration of career issues and to provide a coherent guide that articulates Navy’s requirements and expectations. The book provides a summary of the Warfare branch specialisations and the sub-specialisations that are embedded within them, leading in due course to entry into the Charge Program and the Command opportunities that follow. The Warfare Officers Career Handbook also describes the historical derivation of current warfare streams to provide contemporary relevance and the cultural background within which maritime warfare duties are conducted. It discusses the national context in which Warfare Officers discharge their duties. Leadership and ethical matters are explored, as is the inter-relationship between personal attributes, values, leadership, performance and sense of purpose. There is no intention that this handbook replicate or replace extant policy and procedural guidelines. Rather, the handbook focuses on the enduring features of maritime warfare. Policy by its nature is transient. Therefore, as far as possible, the Warfare Officers Career Handbook deals with broad principles and not more narrowly defined policies that rightly belong in other documents. -
W. J. TEARLE, Case Editor-Third Year Student. UREN V. JOHN FAIRFAX
PUNITIVE DAMAGES 111 Case will help to clarify the issues involved. It is also definitely established that specific performance of a promise to pay a third party may be obtained at the suit of the promisee of least in some circumstances, and that a contract to pay money may be specifically enforced. W. J. TEARLE, Case Editor-Third Year Student. STARE DECISIS, JUDICIAL POLICY AND PUNITIVE DAMAGES UREN v. JOHN FAIRFAX & SONS PTY. LIMITEDf AUSTRALIAN CONSOLIDATED PRESS LIMITED v. UREN2 In Australian Consolidated Press Ldmited v. Uren2 three important questions came before the Privy Council. These concerned the extent of the prerogative of justice, and in particular the jurisdiction of the Privy Council to entertain an appeal not against the formal order of the court below, but against the reasons upon which the order was based; the authority in Australia of English decisions, and in particular decisions of the House of Lords; and the place of punitive or exemplary damages in the law of tort. Uren, a Member of the House of Representatives, brought actions against John Fairfax & Sons Pty. Limited and Australian Consolidated Press Limited, claiming that he had been defamed by articles in the Sun-Herald and the Sunday Telegraph which suggested that he was a "dupe" of "the Russian Spy, Ivan Skripov", who had "inspired (Uren and others) to ask searching questions in Parliament unsuspectingly, on secret defence establishments in A~stralia".~ In the Australian Consolidated Press Case there were further counts concerning other allegedly defamatory publications in the Daily Telegraph and The Bulletin. In each case the jury awarded the lai in tiff very substantial damages. -
List of Freemasons from Wikipedia, the Free Encyclopedia Jump To: Navigation , Search
List of Freemasons From Wikipedia, the free encyclopedia Jump to: navigation , search Part of a series on Masonic youth organizations Freemasonry DeMolay • A.J.E.F. • Job's Daughters International Order of the Rainbow for Girls Core articles Views of Masonry Freemasonry • Grand Lodge • Masonic • Lodge • Anti-Masonry • Anti-Masonic Party • Masonic Lodge Officers • Grand Master • Prince Hall Anti-Freemason Exhibition • Freemasonry • Regular Masonic jurisdictions • Opposition to Freemasonry within • Christianity • Continental Freemasonry Suppression of Freemasonry • History Masonic conspiracy theories • History of Freemasonry • Liberté chérie • Papal ban of Freemasonry • Taxil hoax • Masonic manuscripts • People and places Masonic bodies Masonic Temple • James Anderson • Masonic Albert Mackey • Albert Pike • Prince Hall • Masonic bodies • York Rite • Order of Mark Master John the Evangelist • John the Baptist • Masons • Holy Royal Arch • Royal Arch Masonry • William Schaw • Elizabeth Aldworth • List of Cryptic Masonry • Knights Templar • Red Cross of Freemasons • Lodge Mother Kilwinning • Constantine • Freemasons' Hall, London • House of the Temple • Scottish Rite • Knight Kadosh • The Shrine • Royal Solomon's Temple • Detroit Masonic Temple • List of Order of Jesters • Tall Cedars of Lebanon • The Grotto • Masonic buildings Societas Rosicruciana • Grand College of Rites • Other related articles Swedish Rite • Order of St. Thomas of Acon • Royal Great Architect of the Universe • Square and Compasses Order of Scotland • Order of Knight Masons • Research • Pigpen cipher • Lodge • Corks Eye of Providence • Hiram Abiff • Masonic groups for women Sprig of Acacia • Masonic Landmarks • Women and Freemasonry • Order of the Amaranth • Pike's Morals and Dogma • Propaganda Due • Dermott's Order of the Eastern Star • Co-Freemasonry • DeMolay • Ahiman Rezon • A.J.E.F. -
ROYAL GALLERY FIRST WORLD WAR Name (As On
Houses of Parliament War Memorials Royal Gallery, First World War ROYAL GALLERY FIRST WORLD WAR Also in Also in Westmins Commons Name (as on memorial) Full Name MP/Peer/Son of... Constituency/Title Birth Death Rank Regiment/Squadron/Ship Place of Death ter Hall Chamber Sources Shelley Leopold Laurence House of Lords, In Piam Memoriam, Baron Abinger Shelley Leopold Laurence Scarlett Peer 5th Baron Abinger 01/04/1872 23/05/1917 Commander Royal Naval Volunteer Reserve London, UK X MCMXIV-MCMXIX (c.1927) Humphrey James Arden 5th Battalion, London Regiment (London Rifle House of Lords, In Piam Memoriam, Adderley Humphrey James Arden Adderley Son of Peer 3rd son of 2nd Baron Norton 16/10/1882 17/06/1917 Rifleman Brigade) Lincoln, UK MCMXIV-MCMXIX (c.1927) The House of Commons Book of Bodmin 1906, St Austell 1908-1915 / Eldest Remembrance 1914-1918 (1931); Thomas Charles Reginald Thomas Charles Reginald Agar- son of Thomas Charles Agar-Robartes, 6th House of Lords, In Piam Memoriam, Agar-Robartes Robartes MP / Son of Peer Viscount Clifden 22/05/1880 30/09/1915 Captain 1st Battalion, Coldstream Guards Lapugnoy, France X X MCMXIV-MCMXIX (c.1927) Horace Michael Hynman Only son of 1st Viscount Allenby of Meggido House of Lords, In Piam Memoriam, Allenby Horace Michael Hynman Allenby Son of Peer and of Felixstowe 11/01/1898 29/07/1917 Lieutenant 'T' Battery, Royal Horse Artillery Oosthoek, Belgium MCMXIV-MCMXIX (c.1927) Aeroplane over House of Lords, In Piam Memoriam, Francis Earl Annesley Francis Annesley Peer 6th Earl Annesley 25/02/1884 05/11/1914 -
Iiuuiiii: T GIPE-PUNE-012817 \.. ------RECOLLECTIONS " \
'!Itt _ ... ~_ .. _~ ".~ ___ _ iiuuiiii: t GIPE-PUNE-012817 \.._- - - - --- RECOLLECTIONS " \ . MACMILLAN AND CO., LIMITED LONDON 'I;lPMBAY' CALCUTTA· MADRAS MELBOURNE THE MACMILLAN COMPANY NEW YORK' BOSTON' CHICAGO DALLAS' SAN FRANCISCO THE MACMILLAN CO. OF CANADA, L1D. TORONTO RECOLLECTION,:S BY JOHN VISCOUNT ·MORLEY O.M. HON. FELLOW OF ALL SOULS COLLEGE, OXFORD IN TWO VOLUMES VOL. II MACMILLAN AND CO., LIMITED ST. MARTIN'S STREET, LONDON 19 18 9:cM~s Ee-2. '281, L \... COPYRIGHT ,Ftrst Edttton November 1917 Rejrinted December 1917 and January 1918 (tWIce) CONTENTS BOOK III (continued) CHAP. PAGB VI. MINISTERIAL CHANGES 3 VII. VISITS IN IRELAND • 24 VIII. END o~ IRISH OFFICE-LITERARY POSTSCRIPT 45 BOOK IV POLIOIES AND PERSONS I. A TRACT_ BEFORE THE TIllES 55 II. A SUMMER IN THE HIGHLANDS 62 III. POLICIES AND PERSONS 78 IV. VISIT TO AMERICA • 101 V. AN EASTER DIGRESSION 113 VI. LIBERALISM RESTORED 131 BOOK V A SHORT PAGE IN IMPERIAL H!STORY I. CHANGED HORIZONS • 149 II. NEW POLICY FORESHADOWED • 162 v VI RECOLLECTIONS CRAP. '\otnt III. OPENING STAGES OF REFORMS-INDIAN MEMBERS OF COUNCIL • 199 IV. REFORMS ON THE ANVIL 241 V. HISTORIC PLUNGE TAKEN BY PARLIAME~T 291 VI. WEAPONS FROM AN OLD ARMOURY :1 :.lfI BOOK VI ., A ORITIOAL LANDMARK I. A CRISIS IN PREROGATH1E II. A WORD OF EPILOGUE 361 APPENDIX INDEX APPENDIX PROCLAMA TION OF THE KING-EMPEROR TO THE PRINCES AND PEOPLES OF TI[DIA THE 2ND NOVEMBER 1908 IT is now 50 years since Queen Victoria, my beloved Mother, and my August Predecessor on the throne o~ these realms, for divers weighty reasons, with the advice and consent of Parlia ment, took upon herself the government of the territories theretofore administered by the East India Company.