scholarly journals FINDING CAUSAL CONNECTION BETWEEN ASBESTOS AND MESOTHELIOMA IN THE UK TORT LAW

2020 ◽  
Vol 29 (1) ◽  
Author(s):  
Bohdan Karnaukh
Keyword(s):  
Law And Economics ◽  
Medical Science ◽  
Comparative Law ◽  
Tort Law ◽  
Case Law ◽  
Causal Connection ◽  
Asbestos Fibers ◽  
The United Kingdom ◽  
The One ◽  
The Uk

It has been proven by medical science that asbestos fibers are carcinogenic and can cause mesothelioma. Consequently, from the standpoint of tort law a person suffering from mesothelioma should be entitled to claim compensation from the one who exposed this person to asbestos dust. However things are not as straightforward as it may seem at first glance. The aim of the paper is to track the development of case law and statutory law of the United Kingdom regarding the compensation of damage caused by asbestos-related mesothelioma. The survey of UK law is conducted within the methodology of comparative law studies. In addition elements of law and economics approach are also used in the article. The conclusion is made that the peculiarities of mesothelioma pathogenesis call for revision of conventional approach to proof of causation in tort law.

scholarly journals SIDE EFFECTS OF DIETHYLSTILBESTROL (DES) FROM THE PERSPECTIVE OF TORT LAW

2020 ◽  
Vol 73 (12) ◽  
pp. 2946-2950
Author(s):  
Bohdan P. Karnaukh ◽  
Artem R. Shymko
Keyword(s):  
Side Effects ◽  
Supreme Court ◽  
Law And Economics ◽  
Product Liability ◽  
Comparative Law ◽  
Tort Law ◽  
Case Law ◽  
Drug Manufacturer ◽  
The Supreme Court

The aim of the article is to analyze the reasoning of the Supreme Court of California in Sindell v. Abbott Laboratories. Materials and methods: Materials of the study encompass US case law as well as case law of other countries concerning compensation of damage caused by defective drugs and other cases of uncertain causation. The survey is conducted within the framework of comparative law studies. In addition, elements of law and economics approach are also employed in the paper. Conclusions: Case of Sindell v. Abbott Laboratories has launched a new direction in discourse on causation in tort law and product liability. The mathematical elegance of the Court's theory is that net burden of liability borne by a particular drug manufacturer is equal to the amount of damage actually caused by its drug.

EVALUATION OF THE UNITED KINGDOM NATIONAL EXTERNAL QUALITY ASSESSMENT SERVICE 2008 (UK NEQAS 2008) GUIDELINES FOR THE DIAGNOSIS OF SUBARACHNOID HEMORRHAGE USING SPECTROPHOTOMETRIC XANTHOCHROMIA: A RETROSPECTIVE STUDY

2009 ◽  
Vol 32 (6S) ◽  
pp. 5
Author(s):  
A Gangloff ◽  
L Nadeau
Keyword(s):  
Subarachnoid Hemorrhage ◽  
Cerebral Amyloid Angiopathy ◽  
Viral Encephalitis ◽  
Objective Evaluation ◽  
Final Diagnosis ◽  
Amyloid Angiopathy ◽  
The United Kingdom ◽  
Cerebral Amyloid ◽  
The One ◽  
The Uk

Objective: Evaluation of the UK NEQAS 2008 guidelines for the interpretation of spectrophotometric xanthochromia. Method: A search of the laboratory database for all the xanthochromia test results between May 1st 2008 and May 1st 2009 was performed. Medical charts were reviewed for patients of Hôpital de l’Enfant-Jésus (HEJ) that had at least one detectable pigment (bilirubin, oxyhemoglobin, or methemoglobin). Xanthochromia results obtained with 4 different criteria (Chalmers original, Modified Chalmers, Duiser and UK NEQAS 2008) were compared. Results: We reviewed 41 medical charts (2 patients with duplicate lumbar punctures (LP) for a total of 43 LP). For these 41 patients there were 11 positive xanthochromia results, 5 of which were in concordance with a final diagnosis of subarachnoid hemorrhage (SAH). The diagnosis of the 6 other positive xanthochromia results were as follow: meningeal spread of a lymphoma, cerebral amyloid angiopathy, exertional headache, viral encephalitis with a possibility of petechiaes on the cerebral CT and second LP. Interpretation (negative/positive) of 40/43 LP was identical for the 4 methods. 2 LP were positive with Duiser and UK NEQAS 2008 but negative with Chalmers approaches (final diagnosis: SAH and cerebral amyloid angiopathy). 1 LP was positive only by the Duiser method (viral encephalitis). Conclusions: UK NEQAS 2008 guidelines identified all SAH but are sensitive to traumatic and pathologic meningeal lesions. Except for a case of viral encephalitis with a suspicion of cerebral petechiaes on CT, UK NEQAS 2008 gave xanthochromia results similar to the one in use at HEJ (Duiser). Chalmers original and Modified Chalmers methods missed one of the five SAH.

Our Father who art in Town Hall: Do local councils have power to pray?

2021 ◽  
pp. 1037969X2199636
Author(s):  
Luke Beck
Keyword(s):  
United Kingdom ◽  
Case Law ◽  
Town Hall ◽  
The United Kingdom ◽  
The Uk

Many local councils in Australia commence their meetings with prayer. Case law in the United Kingdom holds that English local councils do not have power to commence their meetings with prayer. This article argues that the reasoning of the UK case law applies with equal force in Australia with the result that the practice of many Australian local councils of incorporating prayers into their formal meetings is unlawful.

Classification schemes in art libraries in the United Kingdom

2002 ◽  
Vol 27 (1) ◽  
pp. 18-22 ◽  
Author(s):  
Sarah Currier
Keyword(s):  
Classification Scheme ◽  
Controlled Vocabulary ◽  
Electronic Resource ◽  
Classification Schemes ◽  
The United Kingdom ◽  
Discussion List ◽  
The One ◽  
The Uk ◽  
E Mail ◽  
Decimal Classification

Subject access to physical or electronic resource collections can be divided into two complementary areas: searching and browsing. Searching involves the use of subject headings, indexing terms from a controlled vocabulary, or natural language keywords. Browsing, whether along a shelf or through a subject tree on the Web, requires the application of some kind of taxonomy or classification scheme. This article looks at what class schemes art libraries are using to arrange their book collections in the UK today. Based on an informal survey via the ARLIS e-mail discussion list, it appears that the Dewey Decimal Classification is not only the most commonly used class scheme, but the one most art libraries choose when they reclassify their library.

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

Vertical restraints, the single market imperative and UK competition policy after Brexit

2019 ◽  
Vol 18 (3) ◽  
pp. 122-129
Author(s):  
Patrick F. Todd
Keyword(s):  
Competition Policy ◽  
Market Integration ◽  
Case Law ◽  
Single Market ◽  
Vertical Restraints ◽  
The European Union ◽  
The United Kingdom ◽  
The Law ◽  
The Uk

After Brexit, the United Kingdom is unlikely to continue pursuing integration with other Member States of the European Union, including through competition policy. As a result, the time is ripe to reconsider the role of the single market imperative in competition law, in particular in relation to vertical restraints where the goal of market integration plays a pivotal role. This article shows that recent European vertical restraints decisions and case law, in particular concerning territorial and online restraints, have been motivated in whole or in part by the single market imperative (SMI). It then examines how the law in the UK might follow a different path post-Brexit, taking the Ping case as an example. However, a similar change is not likely to be forthcoming in relation to the law governing pricing restraints, which are not obviously linked to the SMI and which have been the subject of much enforcement in the UK both before and during the UK's membership of the EU.

scholarly journals ‘As a woman…’; ‘As a Muslim…’: Subjects, positions and counter-terrorism powers in the United Kingdom

2017 ◽  
Vol 37 (2) ◽  
pp. 245-267 ◽  
Author(s):  
Lee Jarvis ◽  
Michael Lister
Keyword(s):  
Body Politic ◽  
The Body ◽  
Subject Positions ◽  
Counter Terrorism ◽  
Focus Group Research ◽  
The United Kingdom ◽  
People’S Attitudes ◽  
The One ◽  
Time Specific ◽  
The Uk

This article presents findings from original focus group research on the importance of identity claims within public understandings of counter-terrorism across the UK. Following a review of existing literature on the terrorism/counter-terrorism/identity nexus, the article introduces four prominent subject positions inhabited within public articulations of counter-terrorism powers: the ‘Muslim’, the ‘target’, the ‘woman’ and the ‘unaffected’. Positions such as these, we argue, both enable and inhibit particular normative, political and anecdotal claims about counter-terrorism frameworks and their impact upon the body politic. This, we suggest, is demonstrative of the co-constitutive role between counter-terrorism and identity claims. Thus, on the one hand, counter-terrorism initiatives work to position individuals socially, politically and culturally: (re)producing various religious, ethnic and other identities. Yet, at the same time, specific subject positions are integral to the articulation of people’s attitudes toward developments in counter-terrorism. The article concludes by thinking through some of the implications of this, including for resistance toward securitising moves and for citizenship more generally.

scholarly journals Narratives and Memories for Resilience: Exploring the Missing Link between Engagement and Water Governance in Brazil and the United Kingdom

2019 ◽  
Vol 8 (1-2) ◽  
pp. 263-284
Author(s):  
Danilo Rothberg ◽  
Joanne Garde-Hansen
Keyword(s):  
Water Governance ◽  
Cultural Learning ◽  
Cultural Perspective ◽  
Missing Link ◽  
Political Activities ◽  
The United Kingdom ◽  
Democratic Principle ◽  
Shared Culture ◽  
The One ◽  
The Uk

From an interdisciplinary, communication and trans-cultural perspective, participation in water governance should include non-political activities and engagement. In Brazil, it is mandatory for decision-making bodies to include society’s active participation, a democratic principle that speaks to a concept of ‘hydro-citizenship’ that is currently being explored in the UK, wherein top-down water governance is giving way to community-led adaptation planning. The opportunities for social and cultural learning have been explored in our UK and Brazil collaborative research. We offer relevant insights about the value of story, narrative and memories as emerging components of resilience beyond collective, community or national political containers. We argue that a missing link in the literature is the one between narratives, social memory and environmental resilience as a personally shared culture water. These insights have the potential to address participation and governance gaps through recourse to a trans-cultural understanding of socially networked communication about water management.

Administrative Procedure and Judicial Review in the United Kingdom

2021 ◽  
pp. 82-86
Author(s):  
Sarah Nason
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Case Law ◽  
Administrative Law ◽  
High Court ◽  
Administrative Procedure ◽  
The United Kingdom ◽  
Uk Supreme Court ◽  
The Uk ◽  
To Receive

This chapter focuses on administrative procedure and judicial review in the United Kingdom. Initially, it should be stressed that administrative law is different across the UK due to devolution. The UK Supreme Court generally acts as a final court of harmonizing case-law principles. As the UK constitution is uncodified, the existence of constitutional provisions concerning judicial review remains somewhat controversial, but the necessity of judicial review is thought to be required by the rule of law. The scope of judicial review is generally governed by judicial precedent. Under section 84 of the Criminal Justice and Courts Act 2015, the High Court must refuse to grant a remedy 'if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred'. In general, there is no right on judicial review to claim damages for losses caused by unlawful administrative actions. It is usually only possible to receive damages in judicial review claims if there is another established cause of action, separate to the ground for judicial review.

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