Articles Flashcards
S 1 Compensation Act 2006
Section 1 of the Act makes statutory provision that, in determining whether the omission of certain steps amounts to a breach of duty, the court may consider whether such steps, had they been performed, would prevent some desirable activity.
↳the role of policy considerations in tort
Social Action, Responsibility and heroisim act 2015
This Bill is designed to address those concerns. It will provide reassurance that if something goes wrong when people are acting for the benefit of society or intervening to help someone in an emergency, the courts will take into account the context of their actions in the event they are sued.
↳Cole v Davis-Gilbert [2007]
Road traffic act 1988
The Road Traffic Act 1988 is a piece of health and safety legislation in the UK applicable to all vehicles and drivers on public roads. Knowledge and training of this legislation is essential for employers and employees driving at work.
The employers liability (compulsory insurance) act 1969
The Employers’ Liability (Compulsory Insurance) Act 1969 requires every employer, unless exempt, to insure against liability for bodily injury or disease sustained by his employees in the course of their employment, and to maintain this insurance.
Access to justice act 1999
The Act reforms the legal aid system in England and Wales, and amends the law relating to conditional fee agreements between lawyers and their clients, and the award of costs between the parties to litigation. It also makes minor amendments to the legal aid scheme in Scotland.
Legal aid, sentencing and punishment of offenders act 2012 (LAPSO)
In April 2013, the Legal Aid, Sentencing, and Punishment of Offenders Act 2012 (LASPO) came into force. LASPO (and the regulations made under it) is the legislation that shapes the current legal aid scheme. It removed many areas of civil law from the scope of legal aid.
Civil procedures rules 1998
Court and County Court. These rules took effect on 26 April 1999. They affect all types of civil disputes with the aim of making them quicker, simpler and less adversarial.
↳Suing has become the last resort
worksmen compensation act 1897
Workplace compensation legislation places liability on employers for any injuries their employees suffer at work, and ensures that victims of accidents at work are adequately compensated for loss in income or work capacity.
criminal injuries compensation scheme (CICS) 1964
The Scheme is intended to compensate victims of crimes of violence. Before making a payment we have to consider if an applicant’s behaviour before, during or after the incident makes it inappropriate to make a full or reduced award. This may be where their conduct caused or contributed to the incident.
NHS Redress act 2006
The NHS Redress Act 2006 (UK) is an example of a legislated compensation scheme for adverse health care incidents that aims to supplement the tort-based system of compensation, without going all the way to adopting a no-fault compensation system.
Civil Liability Act 2018
The Civil Liability Act 2018 underpins vital reforms to the justice system in two key areas:
road traffic accident related whiplash claims and the setting of the Personal Injury Discount Rate (PIDR) used to calculate lump sum payments in personal injury cases.
Individual impact assessments (IA) have been prepared for both reforms which provide greater detail on the nature of each of the problems considered, why intervention was necessary and the impact of each provision.
Neighbour principle
‘You must take reasonable care to avoid acts or omissions which you can reasonably forsee would be likely to injure your neighbour. Who the, in law, is my neighbour? the answer seems to be- persons who are so closely and directly affected by my actions that i ought reasonably to have them in contemplation as being so affected when i am directing my mind to the acts or omissions which are called in question.’
breach of DoC- question of law (compensation act 2006)
S1 deterrent effect of potential liability, compensation act 2006
a court considering a claim in negligence or breach of statuatory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precatutions against a risk or otherwise), have regarded to whether a requirment to make those steps might
(a) prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way, or
(b) discourage persons from undertaking functions in connection with a desirable activity
