Court : House of Lords
..... the house in caparo v dickman, above, p 618, based on the opinion of brennan j in sutherland shire council v heyman (1985) 157 clr 424, 481, that "the law should develop novel categories of negligence incrementally and by analogy with established categories, rather than by a massive extension of a prima facie duty of care restrained only by indefinable 'considerations which ought to negative, or to reduce or limit the scope of the duty or the class ..... sitting in the chester county court, held on a preliminary issue that neither east berkshire community health nhs trust nor north staffordshire hospital nhs trust, nor any of the other defendants then being sued, owed a duty of care to the mother: [2003] ..... and 1a of the fatal accidents act 1976 modify the common law by providing that the wrongdoer is liable to certain dependants for the loss they suffer due to the death of the victim, and ..... duty might lead to defensiveness and excessive caution was discounted, the remedies available to the claimant were not thought to be as efficacious as recognition of a common law duty of care and it was not accepted that imposition of a duty made no contribution to the maintenance of high ..... a common law duty of care has been sought to be imposed upon the police (in seeking to protect vulnerable members of society from wrongs done to them by others) or statutory regulators of financial dealings who are seeking to protect investors from dishonesty. ..... chapter ..... some foreign courts have taken the same view .....
Tag this Judgment!Court : House of Lords
..... some cases resulted in the adoption of discriminatory legislation, notably on grounds of nationality, national or ethnic origin and religion; stressed the responsibility of member states to ensure that the fight against terrorism did not have a negative impact on any minority group; and recommended them "to review legislation and regulations adopted in connection with the fight against terrorism to ensure that these do not discriminate directly or indirectly against ..... when he was opening his argument the attorney general said that the human rights act 1998 (designated derogation) order 2001 was a legitimate and proportionate response to a group of foreign nationals who had no right to be here with a view to protecting the rights of millions of people in the ..... had worked in austria and paid his social security contributions, and there was no good reason ..... the european court made this clear in the early case of handyside v united kingdom (1976) 1 ehrr 737, para 48: "the court points out that the machinery of protection established by ..... as the sixth step in their proportionality argument, the appellants were able to draw on the long libertarian tradition of english law, dating back to chapter 39 of magna carta 1215, given effect in the ancient remedy of habeas corpus, declared in the petition of right 1628, upheld in a series of landmark decisions down the centuries and embodied in the substance and procedure of the law to our own day. ..... transferred to broadmoor hospital on grounds of .....
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