scholarly journals Whither Nervous Shock? The Current State, Future Direction and Possible Reform of Compensation for Negligently Inflicted Psychiatric Injury after Ramstead

2001 ◽  
Vol 32 (2) ◽  
pp. 521
Author(s):  
Peter Richmond McRae
Keyword(s):  
Subsequent Development ◽  
Compensation Scheme ◽  
The United Kingdom ◽  
Current State ◽  
Accident Compensation ◽  
Regulatory Bodies ◽  
Nervous Shock ◽  
Future Direction ◽  
Vexed Question ◽  
Court Of Appeal

Whether compensation should be available for psychiatric injury, traditionally labelled "nervous shock", has been a vexed question whether considered by the courts or by regulatory bodies in terms of the Accident Compensation scheme. In this article, the author provides an analysis of the evolution of compensation for nervous shock in New Zealand, from its incorporation in the original Accident Compensation Act 1972, its release into tort by the 1992 Act and its subsequent development by the courts up until the Court of Appeal decision in Ramstead. The decision in Ramstead is then analysed, and its implications for the tort discussed in light of the United Kingdom and Australian jurisprudence. Ultimately, the author concludes that nervous shock is better dealt with under the statutory compensation scheme and canvasses the arguments made in support and against this proposition.

Nervous Shock, Tort and Accident Compensation: Tort Regained?

1999 ◽  
Vol 30 (1) ◽  
pp. 197
Author(s):  
Geoff McLay
Keyword(s):  
Common Law ◽  
Practical Importance ◽  
Complex Interaction ◽  
Physical Injury ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
The Common ◽  
Nervous Shock ◽  
The Relationship ◽  
Court Of Appeal

This case note examines the recent Court of Appeal decision in Palmer v Danes Shotover Rafts  dealing with the relationship between the common law and the Accident Compensation regime. The author acknowledges the practical importance of the Court's holding in Danes Shotover Rafts that plaintiffs who have not suffered physical injury can sue for nervous shock.  The author contends that the case is, like the exemplary damages cases, yet another example of the complex interaction between common law and statutory compensation regimes.  The author argues that the case may signal a judicial switch from a welfare or communitarian approach to the interpretation of the Accident Compensation scheme to a rights based approach and that gives primacy to common law rights rather than to the integrity of the Accident Compensation scheme.  A wider view not based solely on the statutory provisions, or on the assumption that the common law or statutory compensation regimes "trump" one another, but one which views the interaction between the common law and statutory compensation schemes as dynamic, may lead to a greater understanding of the relationship between statutory tort reform and the common law.

scholarly journals Case Comment – Cumberland v Accident Compensation Corporation

2014 ◽  
Vol 45 (3) ◽  
pp. 525
Author(s):  
Anthea Williams
Keyword(s):  
New Zealand ◽  
Medical Treatment ◽  
Case Law ◽  
Personal Injury ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
Physical Effects ◽  
Wrongful Birth ◽  
Court Of Appeal ◽  
Lost Opportunity

In Cumberland v Accident Compensation Corporation, the Court of Appeal held that where a mother is denied the information that her foetus is disabled, and thus loses the opportunity to terminate the pregnancy, the "continuing pregnancy" can be a personal injury covered by the Accident Compensation scheme. This article examines the judgment and argues the Court of Appeal has extended New Zealand case law on "wrongful births" without explicitly acknowledging this. The author suggests that, by focussing purely on the physical effects on the mother and her lost opportunity to determine the medical treatment given to her, the Court has avoided the value laden approach that has plagued other wrongful birth cases.

scholarly journals Pregnancy Following Failed Sterilisation Under the Accident Compensation Scheme

2009 ◽  
Vol 40 (4) ◽  
pp. 805
Author(s):  
Yasmin Moinfar
Keyword(s):  
New Zealand ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
Alternative Approach ◽  
Court Of Appeal

This paper analyses the approach that is taken in New Zealand in determining coverage for pregnancies following failed sterilisations under the accident compensation scheme. The approach adopted in the recent decision of the Court of Appeal in ACC v D is criticised and an alternative approach for determining whether such claims ought to be within the accident compensation scheme is suggested.

scholarly journals The Common-Law Response to the Accident Compensation Scheme

2003 ◽  
Vol 34 (2) ◽  
pp. 367 ◽  
Author(s):  
Ailsa Duffy
Keyword(s):  
Common Law ◽  
Economic Loss ◽  
Civil Litigation ◽  
Compensation Scheme ◽  
Accident Compensation ◽  
The Common ◽  
Nervous Shock ◽  
Compensatory Damages

In a scheme that began with rejecting common law, the reappearance of civil litigation on the margins of ACC during the 1980s drew much attention. In line with successive statutory revisions, certain claims (for example, "nervous shock") were excluded from ACC coverage only to be revived within common law. Other claims, including certain types of medical misadventure, were "covered" by ACC but received no benefits in the absence of economic loss, especially as benefit standards were tightened. In addition the bar on compensatory damages for negligence was held not to exclude exemplary damages. This paper explores the vagaries of ACC coverage that reawakened common law during the 1980s and 1990s, with special attention to various health crises involving women.

scholarly journals Reflections on the Woodhouse Legacy for the 21st Century

2020 ◽  
Vol 51 (2) ◽  
pp. 295
Author(s):  
Susan St John
Keyword(s):  
21St Century ◽  
Law And Society ◽  
Royal Commission ◽  
Compensation Scheme ◽  
Social Conscience ◽  
Accident Compensation ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission

This lecture commemorates the life of one of our most distinguished judges and citizens, Sir Owen Woodhouse. His compassion, generosity of spirit and social conscience were reflected in his work as President of the Court of Appeal, President of the Law Commission and Chairman of the Royal Commission on Compensation for Injury that recommended a no-fault accident compensation scheme and laid the foundations for the Accident Compensation Corporation (ACC) scheme. He made an immense contribution to New Zealand's law and society.

Remedies for Breach of Contract: The Future Development of Scots Law in its European and International Context

1997 ◽  
Vol 1 (2) ◽  
pp. 200-226 ◽  
Author(s):  
Hector L MacQueen
Keyword(s):  
Future Development ◽  
European Contract ◽  
Breach Of Contract ◽  
International Context ◽  
The United Kingdom ◽  
Current State ◽  
The Future ◽  
University Of Edinburgh ◽  
International Conventions ◽  
Law Commission

This paper,first presented on 21 October 1995 at ajoint seminar ofthe Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the future development of the law in this area, first by considering its history and current state in comparative terms and drawing the conclusion that it is characterised by a mixture of Civilian and Common Law elements; second, by comparing Scots law with the provisions on breach contained in recently published proposals for a harmonised law of contract (the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law prepared by the Lando Commission, and the draft “code”for the United Kingdom prepared on behalf of the English Law Commission by Harvey McGregor in the late 1960s) and in international conventions on the sale of goods. Although Scots law emerges reasonably wellfrom this exercise, there are a number of points to be taken on board in any future reform, as well as some insights into important underlying principles.

A Comprehensive Analysis of Image Forensics Techniques: Challenges and future Direction

2019 ◽  
Vol 13 ◽  
Author(s):  
Mohd Dilshad Ansari ◽  
Ekbal Rashid ◽  
S Siva Skandha ◽  
Suneet Kumar Gupta
Keyword(s):  
Image Forensics ◽  
Digital Era ◽  
Current State ◽  
Benchmark Datasets ◽  
Passive Authentication ◽  
Prime Objective ◽  
Future Direction ◽  
Source Of Information ◽  
Research Domain ◽  
Open Issues

Background: image forensics deal with the problem of authentication of pictures or their origins. There are two types of forensics techniques namely active and passive. Passive forgery is also known as blind forensics technique. In passive forgery, copy-move (cloning) image forensics is most common forgery technique. In this approach, an object or region of a picture is copied and positioned somewhere else in the same image. Active method used watermarking to solve picture genuineness problem. It has limitations like human involvement or particularly equipped cameras. To overwhelm these limitations, numerous passive authentication approaches have been developed. Moreover, both approaches do not require any prior information about the picture. Objective: The prime objective of this survey is to provide an inclusive summary as well as recent advancement, challenges and future direction in image forensics. In Today’s digital era the digital pictures and videos are having great impact on our life as well as society, as they became the important source of information. Though earlier it was very difficult to doctor the picture, nowadays digital pictures can be doctored easily with the help of editing tools and internet. These practices make pictures as well as videos genuineness deceptive. Conclusion: This paper presents the current state-of- the-art of passive (cloning) image forensics techniques, challenges and future direction of this research domain. Further, the major open issues in developing a robust cloning image forensics detector with their performance are discussed. Lastly, the available benchmark datasets are also discussed

Engineering Design: A Perspective on U.K. and Swiss Developments

1990 ◽  
Author(s):  
W. Ernst Eder
Keyword(s):  
United Kingdom ◽  
Engineering Design ◽  
State Of The Art ◽  
International Group ◽  
The United Kingdom ◽  
Current State

Abstract Historic developments, and the current state of the art are surveyed in thought, theory, methods and methodology, and education for and about engineering design. This survey covers two particular and disparate regions, the United Kingdom, and Switzerland, the latter including the activities of an international group centered in Zürich known as WDK — Workshop Design-Konstruktion.

Effect of Ultrasound on the Fetus

1987 ◽  
Vol 8 (8) ◽  
pp. 228-253
Keyword(s):  
Adverse Effects ◽  
Human Fetus ◽  
Matched Control ◽  
Subsequent Development ◽  
Childhood Malignancy ◽  
Ultrasonic Examination ◽  
The United Kingdom ◽  
Dna Alterations ◽  
And Control

The question of adverse effects of ultrasonic examination upon the human fetus continues to be explored. The impetus for these investigations comes from animal or in vitro cellular studies showing a reduction of weight and size and DNA alterations in mice litters exposed to ultrasound. Human studies to date have failed to reveal any comparable results. These two articles explore whether there is a positive correlation between fetal ultrasonic examination and/or monitoring and subsequent development of childhood malignancy. The first study reports comparison of histories from 1,731 children who died of cancer in the United Kingdom between 1972 and 1981 with age-matched control children for exposure. Six percent of both case and control children had had ultrasonic exposure.

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