strict liability – Page 2 – Current Awareness

Leah Grolman and Greg Weeks: Guidelines and Assisted Suicide: an Australian Perspective – UK Constitutional Law Group

Posted August 7th, 2013 in assisted suicide, constitutional law, human rights, news, prosecutions, strict liability by sally

“The morally and politically charged area of assisted suicide has many of the hallmarks of an insoluble problem. This has not prevented courts in some jurisdictions considering how they might ‘legalise’ assisted suicide without really legalising it. In doing so, they have raised manifold challenges in the minds of administrative and constitutional lawyers, including, in some jurisdictions, whether the prohibition on assisted suicide is itself constitutional, such as Rodriguez in Canada, Fleming in Ireland and Pretty in the ECtHR.”

Full story

UK Constitutional Law Group, 7th August 2013

Source: www.ukconstitutionallaw.org

Solvent or insolvent: the Supreme Court lays down the test for s123 of IA 1986 – 11 Stone Buildings

Posted May 15th, 2013 in company law, insolvency, news, statutory interpretation, strict liability by sally

“In a unanimous judgment handed down on 9th May 2013, the Supreme Court confirmed that the ‘balance
sheet’ test insolvency in section 123 of the Insolvency Act 1986 is not a mechanical exercise of comparing the value of a company’s assets against the value of its liabilities; but a more sophisticated test requiring a judgment as to whether the present assets of a company will reasonably enable the company’s present and future liabilities to be met. In so doing, their Lordships rejected the ‘point of no return’ test formulated by Lord Neuberger MR in the Court of Appeal. Christopher Boardman reviews BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL Plc.”

Full story (PDF)

11 Stone Buildings, 13th May 2013

Source: www.11sb.com

Health and safety automatic civil liability to end as House of Lords accepts Government’s plans – OUT-LAW.com

Posted April 26th, 2013 in bills, health & safety, news, parliament, strict liability by sally

“The House of Lords has approved Government plans to prevent companies from being
automatically liable for some workplace injuries after a second vote on the
issue.”

Full story

OUT-LAW.com, 24th April 2013

Soure: www.out-law.com

Trial by Google? Juries, social media and the internet – Attorney General’s Office

Posted February 8th, 2013 in contempt of court, freedom of expression, internet, juries, news, strict liability by sally

“Attorney General Dominic Grieve QC MP speaks of the challenge to jury trial posed by the internet. Originally given at University of Kent.”

Full story

Attorney General’s Office, 6th February 2013

Source: www.gov.uk/ago

Injured workers face tougher battle for compensation under government plans – The Guardian

Posted November 9th, 2012 in bills, compensation, health & safety, insurance, negligence, news, personal injuries, strict liability by sally

“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”

Full story

The Guardian, 8th November 2012

Source: www.guardian.co.uk

Workers’ rights on health and safety to be scaled down – The Independent

Posted November 5th, 2012 in bills, employment, health & safety, negligence, news, personal injuries, strict liability by sally

“Injured workers will be forced to prove that their employer was directly to blame for their accident before they are eligible for compensation under tough new legislation which critics allege will scale back workers’ rights to those of ‘Victorian times’.”

Full story

The Independent, 3rd November 2012

Source: www.independent.co.uk

Gore v Stannard (trading as Wyvern Tyres) – WLR Daily

Posted October 11th, 2012 in appeals, causation, fire, insurance, law reports, strict liability by sally

Gore v Stannard (trading as Wyvern Tyres) [2012] EWCA Civ 1248; [2012] WLR (D) 266

“Where a party brought a claim relying on the strict liability rule under Rylands v Fletcher (1868) LR 3 HL 330, the claim being founded on an outbreak of fire said to be caused by another party having brought a ‘thing’ on to his land which then ‘escaped’, close attention would have to be given to the precise ‘thing’ which was said to have ‘escaped’ when analysing whether the principles relied on in fact applied. It remained a moot point whether there was any room for the classic principles to be reformulated in fire cases.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

Strict liability for offence of under-age sex does not offend presumption of innocence – UK Human Rights Blog

Posted September 29th, 2011 in age of consent, human rights, news, sexual offences, strict liability by sally

“The Strasbourg Court has rejected as manifestly ill-founded a complaint that the offence of strict liability for rape of a child under 13 violated the right to a presumption if innocence under Article 6 and respect for private life under Article 8.”

Full story

UK Human Rights Blog, 28th September 2011

Source: www.ukhumanrightsblog.com

Smith v Northamptonshire County Council – WLR Daily

Posted May 26th, 2009 in care workers, disabled persons, health & safety, law reports, strict liability by sally

Smith v Northamptonshire County Council [2009] UKHL 27; [2009] WLR (D) 165

“A care worker who was injured when using a defective wheelchair ramp at a client’s home had not been using equipment ‘used by an employee at work’ so as to make her local authority employer, who was aware of the ramp but did not own it, strictly liable under the Provision and Use of Work Equipment Regulations 1998.”

WLR Daily, 21st May 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R v RL and JF – WLR Daily

Posted September 4th, 2008 in clubs, environmental health, law reports, strict liability, water by sally

R v RL and JF [2008] EWCA Crim 1970; [2008] WLR (D) 299

“A prosecution for the strict liability offence of causing polluting matter to enter controlled waters could be brought against either a club, as an unincorporated association, in its own name or against individual members.”

WLR Daily, 2nd September 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.