Professional negligence and medical professional privilege: Impact of D v Kong Sim Guan

Size: px
Start display at page:

Download "Professional negligence and medical professional privilege: Impact of D v Kong Sim Guan"

Transcription

1 Road accidents and the emergency services Professional negligence and medical professional privilege: Impact of D v Kong Sim Guan Catherine Tay Swee Kian Introduction The recent Singapore High Court decision of D v Kong Sim Guan 1 ( the Kong case ) has established for the first time in history that absolute privilege attaches to proceedings before the Complaints Committee of the Singapore Medical Council (SMC). Until the Kong case, there is no doubt that qualified privilege applied when there is no malice and that the limits of qualified privilege is not exceeded. This is an interesting case which was a consolidated hearing of two suits, raising some important issues in professional negligence and defamation in medical professional privilege. The first suit was for alleged negligence by the defendant consultant psychiatrist in his psychiatric assessment of a child, as the defendant had written his report ( the Kong Report ) after interviewing the child and her mother, but without interviewing the plaintiff (father of child) or the teachers to whom the child had narrated the alleged sexual incidents. The plaintiff sought compensation, amongst other things, for the emotional pain, social isolation and stigmatisation following the Kong Report. In the second suit, the plaintiff alleged defamation on the part of the defendant who had responded in a written explanation to the Complaints Committee of the SMC, to a complaint lodged by the plaintiff with the Complaints Committee. In particular, the plaintiff alleged that the defendant defamed him in certain passages of the said explanation. This article deals first with the defence of absolute privilege in proceedings before the Complaint Committee of the SMC (of the second suit) before discussing the professional negligence aspect of the case in the first suit. Facts The plaintiff D (a lawyer) and his wife (a medical doctor) have only one child a daughter seven and half years of age, born in France. In 1998 they came to Singapore. In 1999 the child attended a playschool. The couple s matrimonial relationship was already under strain. On 19 May 2000, the plaintiff s wife obtained a personal protection order for herself and the child, and subsequently they both left the matrimonial home. On 13 June 2000, the plaintiff s wife learnt that the child had told her teachers about the alleged sexual abuse. Following a police report made by the plaintiff s wife alleging that the plaintiff may have sexually abused the child, the defendant (a consultant psychiatrist) examined the child. The plaintiff s wife applied to the Singapore Family Court for maintenance, custody, care and control of the child, and on the same day the plaintiff started divorce proceedings in the French courts. The plaintiff then cross-applied to the Singapore Family Court for interim 1. [2003] 3 SLR

2 Professional Negligence, Vol. 20 No. 1, 2004 custody, care and control of the child. After examining the child and her mother, the defendant concluded in his Kong Report, on 25 July 2000, that the plaintiff had sexually abused the child. On 1 August 2000, the plaintiff consulted Dr Wong Sze Tai (a child psychiatrist) to rebut the Kong Report. Dr Wong interviewed the plaintiff and the teachers at the playschool and came out with a report ( the Wong Report ) which concluded that based on the evidence I arrive at the conclusion that the allegation of child sexual abuse against the plaintiff is false, ie fictitious. The judge noted that the defendant had not interviewed the plaintiff or the child s teachers; while Dr Wong had not had the benefit of interviewing the child. On 6 August 2000, the plaintiff s wife and the child left Singapore for good. The plaintiff alleged that the defendant was negligent in his psychiatric examination of the child and claimed damages. Further, the plaintiff lodged a complaint against the defendant with the Complaints Committee of the SMC. The plaintiff alleged that the defendant had defamed him in certain passages of his written explanation to the Complaints Committee in response to the said complaint. The alleged defamatory words Three passages from the defendant s written explanation formed the basis of the plaintiff s defamation suit. Passage a: The unusual pictures drawn during the access on August 5: Could it be possible that the girl was coached to draw such a drawing by [plaintiff], who according to [plaintiff s wife], is an accomplished artist? Taking all these facts into consideration, it would appear that the phallic drawing incident during the access of August 5 was stage-managed by [plaintiff] and his friend. The judge noted that such words in their natural and ordinary meaning meant that the plaintiff was capable of plotting to fabricate evidence to incriminate the plaintiff s wife and that he actually did it. Passage b: The so-call fib about play in the cupboard: After an escorted tour of [plaintiff s] residence with [plaintiff] as the guide, of course, Dr Wong concluded that the sexual play disclosed to me by the child are all lies. The cupboards are too small, I should have see (sic) them for myself. I have been fooled. Have I? Please examine page 6 of 7 of [plaintiff s wife s] ( B) (line starting with Regarding the cupboard ) in which she indicated that there was indeed a huge cupboard in the home in which such sex play could have taken place. This is an example of what a psychiatrist should not do and that is to play detective. Dr Wong was probably shown what he was supposed to see only. If he had left it to the police, they 34

3 Impact of D v Kong Sim Guan would have done a better job, even if [plaintiff] were to tear away the cupboard and renovated his residence entirely. The judge concluded that in their natural and ordinary meaning, the said words meant and were understood to mean that the plaintiff escorted Dr Wong on a tour of his home so that Dr Wong was only shown what he was to see and not the allegedly incriminating evidence and that the plaintiff had destroyed evidence that could have incriminated him. Passage c Omission to interview the perpetuator: I have already covered this in my letter of defence and I shall not repeat myself. Arthur Green (page 32) whom Dr Wong quoted to support his contention of false allegation here wrote in the book he co-edited with Diane Schetky (quoted by Dr Wong on page 37) entitled Child Sexual Abuse: A Handbook for Health Care and Legal Professionals, that fathers who engaged in incestuous acts with their daughters have the following characteristics: (1) domineering and tyrannical; (2) alcohol abuse; (3) unstable employment; (4) social and physical isolation; (5) sexual deviation; and (6) background of emotional deprivation and physical and sexual victimisation. Under sexual deviation most incestuous fathers went through a period of hypersexuality before initiating incest. This is highly relevant as Dr Wong claimed that this is not a case of sexual abuse but that of a highly eroticised child. There is a fine thin line between sexual abuse and hyper-eroticism but first I shall consider Dr Wong s hypothesis of the child being hyper-erotic. At least, in his opinion, Dr Wong is willing to allow that the child has been eroticised and since the child is close to father, it has to be the father who initiated it. The judge was of the opinion that the said words meant, in their natural and ordinary meaning, that the plaintiff had social deprivation(s) and mental and the behavioural disorders of fathers who engaged in incestuous acts with their daughters, including a pathological obsession with sex and that he was a father who was likely to sexually abuse his daughter and that it was possible that the plaintiff had an incestuous relationship with his child and that he initiated incest with her. Qualified privilege The defendant raised both qualified and absolute privilege in his defence to a defamation suit. The judge noted that in his defence, the defendant drew inferences and suggested explanations in connection with the events that had happened, in contrast to the inferences and suggestions made by Dr Wong. With regard to passage (a), the judge went on to explain that it was a fair to say that: if there was any coaching at all, the coach may have been the plaintiff. The judge himself thought likewise that the whole episode (on the phallic drawings) could have been stage-managed by the plaintiff. Similarly, in passage (b), the defendant was making a point about the possibility that the plaintiff may not have shown Dr Wong all the cupboards in the apartment. The judge said that these were possibilities that the Complaints Committee, in its deliberations on the merits of the plaintiff s complaint, was entitled to take into account. As for passage (c) the judge could not see anything objectionable in the defendant 35

4 Professional Negligence, Vol. 20 No. 1, 2004 drawing the attention of the Complaints Committee to the views expressed by text book writers on an issue relevant to the matters before the Committee. Suggestions that a person may be guilty of sexual abuse would, if untrue, be defamatory unless such suggestions were made in a situation protected by privilege. The plaintiff contended that the defendant had exceeded the said privilege and/or acted with malice. The judge was satisfied that the defendant in making the allegedly defamatory statements in the three passages was motivated solely by the need to defend his professional reputation. The defence of qualified privilege applied here and the judge noted that it was appropriate for the defendant to have included these passages complained of in his explanation to the Complaints Committee. The judge held that the defendant was not motivated by malice and had not exceeded the limits of qualified privilege. Review of the cases An absolute privilege? The defendant had argued that the proceedings of the Complaints Committee were also protected by absolute privilege, just like the proceedings before the Disciplinary Committee of the SMC. The plaintiff disputed that proceedings before the Complaints Committee were protected by absolute privilege. However he did not dispute that proceedings before the Disciplinary Committee were so protected. Absolute privilege attaches to statements made before courts of law. It also applies to evidence before tribunals which act in a similar manner to the courts of law. 2 Whether the defence of absolute privilege attaches will depend on the circumstances of each case. Lord Diplock said in Trapp v Mackie: No single touchstone emerges from the cases; but this is not surprising for the rule of law is one which involves the balancing of conflicting public policies, one general: that the law should provide a remedy to the citizen whose good name and reputation is traduced by malicious falsehoods uttered by another; the other particular: that witnesses before tribunals recognised by law should, in the words of the answer of the judges in Dawkins v Lord Rokeby, LR HL 744, 753 give their testimony free from any fear of being harassed by an action of an allegation, whether true or false, that they acted from malice. 3 The court held that the raison d etre of absolute privilege is the public interest in ensuring that persons involved in litigation are as free as possible to speak without fear of reprisals. Lord Diplock in Trapp v Mackie outlined some factors which may provide guidance in identifying tribunals that act in a manner similar to a court of law. These were: (1) under what authority the tribunal acts; (2) the nature of the question into which it is its duty to inquire; (3) the procedure adopted by it in carrying out the inquiry; and (4) the legal consequences of the conclusion reached by the tribunal as a result of the inquiry. Counsel for the defendant submitted that these four steps are a guide to ascertaining whether absolute privilege exists, which the judge held was satisfied in this case. First, to attract the 2. O Connor v Waldron [1935] AC [1979] 1 WLR 377 at 379 (original emphasis). 36

5 Impact of D v Kong Sim Guan defence of absolute privilege the tribunal must be recognised by law. The disciplinary powers of the SMC (whether exercised through the Complaints Committee) are recognised by law in that its powers are conferred on the SMC by the Medical Registration Act. The questions to be determined by the Complaints Committee were similar to judicial proceedings in a court of law, falling within the second step in Trapp v Mackie. Thirdly, although the procedures of the two disciplinary arms (the Complaints Committee and the Disciplinary Committee) of the SMC are different, the judge adopted the statement of law that there was no single element whose presence or absence would conclusively determine the availability of absolute privilege as a defence. 4 Did the fact that witnesses do not testify before the Complaints Committee make the proceedings before the Committee so different from a court of law that the defence of absolute privilege was not available for an explanation given to this committee? After taking an overview of all the characteristics and its proceedings, the court held that the exercise by the SMC of its disciplinary functions was sufficiently similar to proceedings in a court of law for absolute privilege to attach to the explanation given by the defendant to the Complaints Committee. Fourthly, any that decision the Complaints Committee made would have legal consequences for the defendant akin to decisions in a court of law. As Lord Fraser said in Trapp v Mackie: It is not essential that the tribunal itself should have power to determine the issue before it. 5 The judge held that the investigation of a complaint by the Complaints Committee did fall within the scope of the kind of investigations envisaged in Taylor v Director of the Serious Fraud Office. 6 The Taylor case extended the absolute immunity covering investigators in their public duty of investigating crime to those who give information to the investigators. Lord Hutton added in Taylor that: If this protection were not given police officers and investigators who had conducted investigations into suspected crimes and persons who gave information to them might be unrighteously harassed with suits. 7 The judge accepted the logic of Taylor, where the defence of absolute privilege was given a significantly wider interpretation. A balancing test? In Watson v M Ewan 8 the House of Lords considered that as a step towards the administration of justice, public policy renders the protection of witnesses necessary for the administration of justice and hence the protection of absolute privilege to such statements. Lord Fraser in the Trapp case expressed a similar view: Cases such as Dawkins, LR 7 HL 744 and Barratt [1905] 1 KB 504, show that absolute privilege may apply if the inquiry is a step leading directly towards determination of an issue by the authority who appointed it. In each case the object of the tribunal, its constitution and its manner of proceeding must all be considered before the question can be answered Trapp v Mackie [1979] 1 WLR 377 at 388 per Lord Fraser. 5. Trapp v Mackie [1979] 1 WLR 377 at [1999] 2 AC [1999] 2 AC 177 at [1905] AC 480. See per the Earl of Halsbury LC at Trapp v Mackie [1979] 1 WLR 377 at

6 Professional Negligence, Vol. 20 No. 1, 2004 From these cases, it was established that statements that were a necessary prelude to litigation were covered by absolute privilege. The referral by the Complaints Committee of the SMC of certain complaints to the Disciplinary Committee is an essential step in the inquiry and disposal of the compliant. Following the Watson case, the written explanation by the defendant to the Complaints Committee was a necessary step in the adjudication of the complaint by the SMC under its disciplinary machinery set up by the Medical Registration Act. Logically it follows that the protection of absolute privilege available before the Disciplinary Committee should extend to cover the written explanation rendered to the SMC Complaints Committee. The medical practitioner who gives his explanation to the Complaints Committee to defend himself knows that the complaint may well be referred to a Disciplinary Committee where he can be cross-examined later on that explanation. A recognised category for duty of care in tort of negligence? It is well established that for the law to impose a duty of care of a given scope, certain necessary ingredients are required (other than foreseeability of damages ), namely a relationship of proximity or neighbourhood between the plaintiff and the defendant and the attachment of liability for harm should be fair, just and reasonable. 10 The question is whether there is a recognised category of cases where a medical practitioner owed a duty of care to third persons who may be adversely affected by his medical report? The judge noted that having the plaintiff in mind while writing the medical report is not sufficient for a duty of care to exist for there must arise a relationship of proximity that makes it just and reasonable for that duty to exist. This relationship of proximity was lacking here. The court was prepared to distinguish both the cases of Smith 11 and Caparo, (where the parties themselves relied on the reports and instituted the claims) on the basis that the plaintiff did not rely on the Kong Report. In fact, Dr Kong could not have foreseen that the plaintiff would rely on his Kong Report as his conclusions were adverse to the plaintiff. Another issue was that the plaintiff was not the defendant s patient but was in fact the suspect. Under these circumstances, the judge did not think it was reasonable to impose on the defendant a duty of care towards the plaintiff. The judge added: If Dr Kong was negligent in the way he assessed the child towards whom, on the authority of Phelps, 12 he owed a duty of care he would be liable in negligence to the child: but he owed no such duty to the plaintiff and would therefore not be liable in negligence to the plaintiff. 13 This is in line with the reasoning of the English Court of Appeal and the House of Lords in the case of M v Newham London Borough Council 14 where it was held that a psychiatrist owed 10. In Caparo Industries plc v Dickman [1990] 2 AC 605, 633 Lord Oliver said the postulate of a simple duty to avoid any harm that is, with hindsight, reasonably capable of being foreseen becomes untenable without the imposition of some intelligible limits to keep the law of negligence within the bounds of common sense and practicality. Those limits have been found by the requirement of a relationship of proximity and by the further imposition of a further requirement that the attachment of liability for harm which has occurred be just and reasonable. 11. Smith v Eric S Bush [1990] 1 AC [2001] 2 AC 619 at 653 per Lord Slynn. 13. D v Kong Sim Guan [2003] SLR 146 at [1994] 2 WLR

7 Impact of D v Kong Sim Guan no duty of care to the mother of a child who was alleged to have been sexually abused by the mother s cohabitee. Sir Thomas Bingham MR said: The psychiatrist would in my view have recognised the mother as someone foreseeably likely to be injured if, as a result of her advice, the child were to be taken away from the mother. But the mother was not in any meaningful sense the psychiatrist s patient. The psychiatrist s duty was to act in the interests of the child, and that might very well mean acting in a way that would be adverse to the personal interests of the mother; she was concerned with those interests only to the extent that they could have an impact on the interests of the child. In this situation of potential conflict, I do not think the psychiatrist can arguably be said to have owed a duty of care to the mother 15 Causal connection in negligence The plaintiff s claim against Dr Kong in negligence was also dismissed as the plaintiff had failed to prove a causal link between the acts/omissions of Dr Kong and the injuries for which he was seeking compensation. When granting custody the French court explicitly ignored both the Kong Report and the Wong Report, as the reports were conflicting. It seems that custody was granted on the ground of the plaintiff s sexual choice (bi-sexuality), which (it was said) did not correspond with the interests of the child. Moreover, the judge was of the view that the claim for compensation for emotional pain, social isolation and stigmatisation arising form the consequences of the Kong Report were more appropriately the subject matter of a defamation suit. Professional negligence Much time was devoted at the trial to the issue of professional negligence. When is a professional negligent in the course of his work? The answer was the Bolam test 16 as supplemented by Bolitho. 17 This was confirmed most recently by the landmark decision in the medical field of the Singapore Court of Appeal in the case of Khoo James v Gunapathy d/o Miniandy. 18 The main issue on professional negligence was the duty of care. The judge applied the Bolam test, observing that whether a member of a profession was negligent in the course of his work had to be judged against the scope and nature of the work undertaken by that profession. Dr Kong s work was to assess the credibility of the child vis-à-vis the statements she made to her teachers about the sexual incidents, but the court noted that Dr Kong refrained from interviewing the plaintiff at the request of the authorities, ie the police and Ministry of Community Development and Sports. Being a psychiatrist in private practice, Dr Kong had no investigative powers and he was employed by the plaintiff s wife, not by any investigative authority. The court concluded that, with no investigative powers, Dr 15. M v Newham London Borough Council [1994] 2 WLR 554 at 574. See also JD v East Berkshire Community Health NHS Trust [2003] EWCA Civ 1151; [2003] 4 All ER 796 where the Court of Appeal held that where consideration is being given to whether a suspicion of child abuse justifies taking proceedings to remove a child from the parents, no common law duty of care is owed to the parents, because the child s interests are in potential conflict with the interests of the parents. 16. Bolam v Friern Hospital Management Committee [1957] 1 WLR Bolitho v City and Hackney Health Authority [1998] AC [2002] 2 SLR

8 Professional Negligence, Vol. 20 No. 1, 2004 Kong was not negligent in refusing to revise the Kong Report when he was presented with evidence that the child was coached by the mother. It is interesting to note that both psychiatrists, Dr Kong and Dr Wong, gave reports without interviewing all the relevant witnesses. There were good reasons. As mentioned, Dr Kong refrained from doing so at the request of the authorities, while Dr Wong could not interview the child because the child was no longer in Singapore. The judge clarified that, generally, a psychiatrist cannot be guilty of any impropriety if the psychiatrist is unable, for good reason, to interview a relevant person. The judge observed that in an adversarial system, if the plaintiff had felt a psychiatric evaluation would assist in countering the allegations in the Kong Report, it was for him to arrange it, which he did so by consulting Dr Wong. After hearing the evidence, including that of Dr Glaser (the expert witness), the judge held that Dr Kong was not negligent in his assessment of the child. To succeed in discrediting Dr Kong s methodology or conclusions, [the plaintiff] would have to show that no professional man of ordinary skill would have adopted that methodology or arrived at those conclusions if he was acting with ordinary care (Hunter v Hanley 1955 SC 200 at 206) I accept the evidence of Dr Glaser, that there was nothing seriously remiss about the was Dr Kong assessed the child. Dr Glaser was of the view that it is likely that Dr Kong had reached the correct conclusion, namely that the child is likely to have been sexually abused by her father. 19 Conclusion The result of D v Kong Sim Guan is that the Singapore courts now recognise that the defence of absolute privilege applies to explanations given to the SMC Complaints Committee, as the exercise by the SMC of its disciplinary function is sufficiently similar to proceedings in a court of law. In the law of professional medical negligence, the adherence to the Bolam approach in the medical field seems to favour the medical profession, giving rise to the public perception that Bolam makes it more difficult for a patient to succeed than in other types of personal injury. 20 However, this has always been balanced against the wider social arguments of considerations of public policy. This concern extends also to the question of when the duty of care is owed by a professional to third parties. Perhaps it is time for much clearer guidance from the common law. Catherine Tay Swee Kian * 19. D v Kong Sim Guan [2002] 146 at See Edward Wong Finance Co Ltd v Johnson Stokes & Master [1984] AC 296. Also see the Pearson Commission (the Royal Commission on Civil Liability and Compensation for Personal Injury) Report: Vol 1, 1978: HMSO. * LL.B (Hons.) (Queen Mary College, London); LL.M (QMC, London); Associate Professor, National University of Singapore, Department of Business Policy; Barrister-at-Law, of Lincoln s Inn, UK; and Advocate & Solicitor, Singapore. I would like to express my thanks to Dr A Myint Soe for his helpful comments on this article. 40

9 Road accidents and the emergency services 41

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice.

NEGLIGENT SETTLEMENT ADVICE. Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. NEGLIGENT SETTLEMENT ADVICE Daniel Crowley and Leona Powell consider the Court s approach to negligent settlement advice. The standard of care owed by a solicitor to his client has been established for

More information

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS

FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS FOR THE GREATER GOOD? SUMMARY DISMISSAL, PSYCHIATRIC INJURY AND REMOTENESS While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

Expert Medical Evidence: The Australian Medical Association s Position

Expert Medical Evidence: The Australian Medical Association s Position Expert Medical Evidence: The Australian Medical Association s Position The Australian Medical Association and its members have had an increasing interest in this field for many years, with the level of

More information

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED

GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED GARETH DAVID CODD (an infant suing by Mr T Griffiths his Uncle and Next Friend) v THOMSONS TOUR OPERATORS LIMITED Before: LORD JUSTICE SWINTON THOMAS And LORD JUSTICE BROOKE [2000] EWCA Civ 5566 Litigation

More information

FEBRUARY 1997 LAW REVIEW MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY. James C. Kozlowski, J.D., Ph.D. 1997 James C.

FEBRUARY 1997 LAW REVIEW MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY. James C. Kozlowski, J.D., Ph.D. 1997 James C. MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY James C. Kozlowski, J.D., Ph.D. 1997 James C. Kozlowski In determining agency liability for sexual molestation by its employees, an employer

More information

TORTS SUMMARY LAWSKOOL SINGAPORE

TORTS SUMMARY LAWSKOOL SINGAPORE TORTS SUMMARY LAWSKOOL SINGAPORE Table of Contents Sources Used...4 1. INTRODUCTION TO NEGLIGENCE...5 2. DUTY OF CARE...6 2.1 Introduction & Development of Duty of Care...6 3. DUTY OF CARE- Kinds of Harm...10

More information

USING LAWYERS IN HONG KONG

USING LAWYERS IN HONG KONG USING LAWYERS IN HONG KONG This Guide deals in general terms with using lawyers in Hong Kong. It aims to help a seafarer understand the legal profession in Hong Kong, and how to select, engage and if need

More information

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant

RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant RESTRAINING ORDERS IN MASSACHUSETTS Your rights whether you are a Plaintiff or a Defendant Prepared by the Mental Health Legal Advisors Committee October 2012 What is a restraining order? A restraining

More information

Justice Committee. Apologies (Scotland) Bill. Written submission from the Law Society of Scotland

Justice Committee. Apologies (Scotland) Bill. Written submission from the Law Society of Scotland Justice Committee Apologies (Scotland) Bill Written submission from the Law Society of Scotland Introduction The Law Society of Scotland (the Society) aims to lead and support a successful and respected

More information

SEAFARER SUBJECT GUIDE

SEAFARER SUBJECT GUIDE USING LAWYERS IN SOUTH KOREA This Guide deals in general terms with using lawyers in South Korea. It aims to help a seafarer understand the legal profession in South Korea, and how to select, engage, and

More information

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE A. INTRODUCTION 1. This document lays down the Code of Practice ( Code ) for the conduct of criminal proceedings

More information

Apologies (Scotland) Bill The Law Society of Scotland s Response May 2015

Apologies (Scotland) Bill The Law Society of Scotland s Response May 2015 Written Evidence Apologies (Scotland) Bill The Law Society of Scotland s Response May 2015 The Law Society of Scotland 2015 Introduction The Law Society of Scotland (the Society) aims to lead and support

More information

This is the author s version of a work that was submitted/accepted for publication in the following source:

This is the author s version of a work that was submitted/accepted for publication in the following source: This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

ORDER MO-2114 Appeal MA-060192-1 York Regional Police Services Board

ORDER MO-2114 Appeal MA-060192-1 York Regional Police Services Board ORDER MO-2114 Appeal MA-060192-1 York Regional Police Services Board Tribunal Services Department Services de tribunal administratif 2 Bloor Street East 2, rue Bloor Est Suite 1400 Bureau 1400 Toronto,

More information

Consultation on a proposed Apologies (Scotland) Bill

Consultation on a proposed Apologies (Scotland) Bill Consultation on a proposed Apologies (Scotland) Bill A response by the Association of Personal Injury Lawyers September 2012 Introduction The Association of Personal Injury Lawyers (APIL), a not-for-profit

More information

IN THE SUPREME COURT OF BRITISH COLUMBIA

IN THE SUPREME COURT OF BRITISH COLUMBIA IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: Between: And Toor v. Harding, 2013 BCSC 1202 Amrit Toor and Intech Engineering Ltd. Date: 20130705 Docket: S125365 Registry: Vancouver Plaintiffs Thomas

More information

Rule 60A - Child and Adult Protection

Rule 60A - Child and Adult Protection Rule 60A - Child and Adult Protection Scope of Rule 60A 60A.01(1) This Rule is divided into four parts and it provides procedure for each of the following: (c) (d) protection of a child, and other purposes,

More information

LEGAL ISSUES FOR NURSES

LEGAL ISSUES FOR NURSES LEGAL ISSUES FOR NURSES LEGAL ACCOUNTABILITY 1. A practitioner is accountable for her actions (and, in certain circumstances, omissions), when caring for a patient. She is accountable to her patient, her

More information

BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE

BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE GITC REVIEW VOL.XIII NO.1 ~ DECEMBER 2014 BACK TO BASICS: TAX AND PROFESSIONAL NEGLIGENCE by Michael Thomas It is a sobering thought that those of us who give tax advice are potentially one slip away from

More information

Imam Bozkurt v Thames Magistrates Court [2001] EWHC Admin 400

Imam Bozkurt v Thames Magistrates Court [2001] EWHC Admin 400 JUDGMENT : LORD WOOLF LCJ : Administrative Court. Monday 14 May 2001 1. This is an application for judicial review of a decision of Deputy District Judge Shrimpton at the Thames Magistratesʹ Court on 6

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Murrell v Healy [2001] ADR.L.R. 04/05

Murrell v Healy [2001] ADR.L.R. 04/05 CA on appeal from Brighton CC (HHJ Coates) before Waller LJ; Dyson LJ. 5 th April 2001. JUDGMENT : LORD JUSTICE WALLER : 1. This is an appeal from Her Honour Judge Coates who assessed damages in the following

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY

SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY 01 technical spandeck SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY This article focuses on the impact of the case of Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency

More information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and

LIMITATION UPDATE. 1. Recently, the Courts have been looking at three areas of limitation law and LIMITATION UPDATE 1. Recently, the Courts have been looking at three areas of limitation law and practice. One is when it is permissible to introduce a new claim in pending proceedings after the limitation

More information

Chapter 2: Negligence: The Duty of Care General Principles and Public Policy

Chapter 2: Negligence: The Duty of Care General Principles and Public Policy Chapter 2: Negligence: The Duty of Care General Principles and Public Policy Outline 2.1 Introduction 2.2 Donoghue v Stevenson [1932] 2.3 The three-stage test: foreseeability, proximity and fair, just

More information

Employer Liability for Consequences of Teacher Stress House of Lords Decision

Employer Liability for Consequences of Teacher Stress House of Lords Decision Employer Liability for Consequences of Teacher Stress House of Lords Decision Macrossans Lawyers, Brisbane, Queensland In Barber v. Somerset County Council the House of Lords recently delivered an important

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

DISCIPLINARY POLICY AND PROCEDURES DISCIPLINARY POLICY AND PROCEDURE

DISCIPLINARY POLICY AND PROCEDURES DISCIPLINARY POLICY AND PROCEDURE DISCIPLINARY POLICY AND PROCEDURE Date: 5 May 2015 Approved: 3 June 2015 Review date: 22 April 2018 1 CONTENTS 1. INTRODUCTION 2. NOTES OF GUIDANCE Counselling General Principles Investigation Minor Matters

More information

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG

SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG LC Paper No. CB(2)517/05-06(01) SUBMISSION OF THE LAW SOCIETY S WORKING PARTY TO THE LEGCO LEGAL AFFAIRS PANEL REGARDING THE OPERATIONS OF RECOVERY AGENTS IN HONG KONG 1. This is a submission of the Recovery

More information

Clinical Negligence. Investigating Your Claim

Clinical Negligence. Investigating Your Claim www.lees.co.uk Clinical Negligence Investigating Your Claim Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 The

More information

Being a witness in a criminal trial

Being a witness in a criminal trial Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement

More information

1. Outline the qualifications and training required to become a barrister and solicitor, and describe the work each profession carries out.

1. Outline the qualifications and training required to become a barrister and solicitor, and describe the work each profession carries out. AQA LAW - AS EXAMINATIONS Unit 1 - LAW01 - Law Making and the Legal System THE LEGAL PROFESSIONS BARRISTERS and SOLICITORS 1. Outline the qualifications and training required to become a barrister and

More information

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

No. 1-10-0602 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT SECOND DIVISION May 31, 2011 No. 1-10-0602 Notice: This order was filed under Illinois Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under

More information

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth

WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth WESTERN AUSTRALIAN FEDERATION OF SEXUAL ASSAULT SERVICES (WAFSAS) FORUM 4 October 2005, Perth Criminal Injuries Compensation By Helen Porter, Office of Criminal Injuries Compensation. INTRODUCTION In this

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

WITNESSES AT TRIAL. Case: Doorson v Netherlands. ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow

WITNESSES AT TRIAL. Case: Doorson v Netherlands. ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow Case: Doorson v Netherlands WITNESSES AT TRIAL ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow A LANDMARK DECISION A.0 RATIONALE: WHY THIS ARTICLE? WHY THIS JUDGMENT?

More information

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians

TORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and

More information

SEXUAL ORIENTATION. Summary of the law on

SEXUAL ORIENTATION. Summary of the law on Summary of the law on SEXUAL ORIENTATION DISCRIMINATION This booklet sets out the basic employment rights to which workers are entitled under the sexual orientation discrimination provisions of the Equality

More information

INVESTIGATIONS GONE WILD: Potential Claims By Employees

INVESTIGATIONS GONE WILD: Potential Claims By Employees INTRODUCTION INVESTIGATIONS GONE WILD: Potential Claims By Employees By: Maureen S. Binetti, Esq. Christopher R. Binetti, Paralegal Wilentz, Goldman & Spitzer, P.A. When can the investigation which may

More information

Crimes (Serious Sex Offenders) Act 2006 No 7

Crimes (Serious Sex Offenders) Act 2006 No 7 New South Wales Crimes (Serious Sex Offenders) Act 2006 No 7 Contents Part 1 Part 2 Preliminary Page 1 Name of Act 2 2 Commencement 2 3 Objects of Act 2 4 Definitions 2 5 Definitions of serious sex offence

More information

PAST CRIME, CRIME FRAUD, FUTURE CRIME: WHERE ARE WE? By Abraham A. Dash and Franklin A. Dash

PAST CRIME, CRIME FRAUD, FUTURE CRIME: WHERE ARE WE? By Abraham A. Dash and Franklin A. Dash PAST CRIME, CRIME FRAUD, FUTURE CRIME: WHERE ARE WE? By Abraham A. Dash and Franklin A. Dash Mr. Abraham Dash is a Professor Emeritus at the University of Maryland School of Law and Mr. Franklin Dash is

More information

2. Reputational damage Three Rivers No.6 (2004) UKHL 48. 3. The general right to fair treatment Re Officer L (2007) UKHL 36.

2. Reputational damage Three Rivers No.6 (2004) UKHL 48. 3. The general right to fair treatment Re Officer L (2007) UKHL 36. THE REQUIREMENTS OF FAIRNESS Generally In Public Inquiries 1. Privilege against self-incrimination. a. the basic liberty Blunt v Park Lane Hotel Ltd [1942] 2 KB 253; Rank Film Distributors v Video Information

More information

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS [CH.100 1 CHAPTER 100 LIST OF AUTHORISED PAGES 1-2 LRO 1/2008 3-12 Original 13-14 LRO 1/2008 15 Original SECTION ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Rehabilitated persons and

More information

Queensland WHISTLEBLOWERS PROTECTION ACT 1994

Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Act No. 68 of 1994 Queensland WHISTLEBLOWERS PROTECTION ACT 1994 Section PART 1 PRELIMINARY TABLE OF PROVISIONS Division 1 Title and commencement Page 1 Short

More information

Lord Chancellor s Exceptional Funding Guidance (Inquests)

Lord Chancellor s Exceptional Funding Guidance (Inquests) Lord Chancellor s Exceptional Funding Guidance (Inquests) 1. This guidance is issued by the Lord Chancellor to the Director of Legal Aid Casework under section 4(3) of the Legal Aid, Sentencing and Punishment

More information

CITATION: Dusanka Aleksic AND Q-COMP (WC/2013/4) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION: Dusanka Aleksic AND Q-COMP (WC/2013/4) - Decision <http://www.qirc.qld.gov.au> QUEENSLAND INDUSTRIAL RELATIONS COMMISSION CITATION: Dusanka Aleksic AND Q-COMP (WC/2013/4) - Decision QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Workers' Compensation and Rehabilitation Act 2003 - s. 550 - procedure

More information

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004

Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 LC Paper No. CB(2)2582/03-04(01) Paper in response to the issues raised in the Panel on Administration of Justice and Legal Services meeting on 26 April 2004 Review of Professional Indemnity Scheme of

More information

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS

DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS DO NOT PASS GO DO NOT COLLECT $200 PERSONAL INJURY PLEADINGS IN ROAD TRAFFIC ACCIDENTS BY: MR NADIM BASHIR NEW PARK COURT CHAMBERS LEEDS LSI 2SJ TEL: 0113 243 3277 1 1. Introduction If there was any doubt

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the

More information

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 Reynolds Porter Chamberlain Chichester House 278-282 High Holborn London WC1V 7HA Direct Tel: 020 7306 3517 Fax: 020 7242 1431 Direct Email:

More information

OPENING INSTRUCTIONS

OPENING INSTRUCTIONS OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I

More information

PROFESSIONAL NEGLIGENCE UPDATE. by John Walmsley

PROFESSIONAL NEGLIGENCE UPDATE. by John Walmsley PROFESSIONAL NEGLIGENCE UPDATE by John Walmsley 1 2 3 1. Negligence: Basics The tort of negligence has three basic requirements which must be proved by the claimant on a balance of probabilities, namely

More information

FORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY. Table of Contents

FORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY. Table of Contents FORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY Table of Contents Introduction...1 Commission Enquiries...2 Police National Computer (PNC)...3 Police National Database (PND)...3 Social Services Department

More information

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006

NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10. of the Lawyers and Conveyancers Act 2006 NEW ZEALAND LAWYERS AND CONVEYANCERS DISCIPLINARY TRIBUNAL [2011] NZLCDT 15 LCDT 022/10 IN THE MATTER of the Lawyers and Conveyancers Act 2006 BETWEEN AUCKLAND STANDARDS COMMITTEE 1 OF THE NEW ZEALAND

More information

FEEDBACK ON REPORTS BY DR. K.J.B. RIX IN CIVIL CASES

FEEDBACK ON REPORTS BY DR. K.J.B. RIX IN CIVIL CASES FEEDBACK ON REPORTS BY DR. K.J.B. RIX IN CIVIL CASES I would be grateful if you would accept instructions to see xxxx and to prepare your report. I have no doubt that this will be with the same degree

More information

Those who succeeded often received significant amounts in lump sum awards of damages.

Those who succeeded often received significant amounts in lump sum awards of damages. ACC Basic Overview BACKGROUND The present Accident Compensation Act is called the Injury Prevention Rehabilitation and Compensation Act 2001 Act is the fifth major Act in 28 years dealing with our No Fault

More information

ILPA response to Inquiry into Asylum Support for Children and Young People

ILPA response to Inquiry into Asylum Support for Children and Young People ILPA response to Inquiry into Asylum Support for Children and Young People Annexe 1 Caselist The cases below are drawn from ILPA s February 2010 response evidence to the Ministry of Justice consultation

More information

INFORMATION SHEET ON LIBEL AND SLANDER

INFORMATION SHEET ON LIBEL AND SLANDER PAYNES SOLICITORS INFORMATION DOCUEMENTS COPYRIGHT 2009 PAYNES SOLICITORS donna@paynes solicitors.com www.paynes solicitors.com INFORMATION SHEET ON LIBEL AND SLANDER Essentially, libel and slander are

More information

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid

Chapter 6B STATE ELIGIBILITY GUIDELINES. Last Amended: 1 July 2006. Manual of Legal Aid Chapter 6B STATE ELIGIBILITY GUIDELINES Last Amended: 1 July 2006 Manual of Legal Aid TABLE OF CONTENTS CHAPTER 6B - STATE ELIGIBILITY GUIDELINES GENERAL...3 PROVISION OF LEGAL ASSISTANCE...3 GENERAL GUIDELINES

More information

Information for registrants. What happens if a concern is raised about me?

Information for registrants. What happens if a concern is raised about me? Information for registrants What happens if a concern is raised about me? Contents About this brochure 1 What is fitness to practise? 1 What can I expect from you? 3 How are fitness to practise concerns

More information

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov.

12 May 2014. Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001. By Email to: info@alrc.gov. 12 May 2014 Geoff Bowyer T 03 9607 9497 F 03 9607 5270 president@liv.asn.au Professor Barbara McDonald Commissioner Australian Law Reform Commission GPO Box 3708 Sydney NSW 2001 By Email to: info@alrc.gov.au

More information

Legal Action / Claiming Compensation in Scotland

Legal Action / Claiming Compensation in Scotland Legal Action / Claiming Compensation in Scotland This help sheet explains your legal rights if you have been injured as a result of medical treatment and the steps involved in seeking compensation through

More information

MPRE Sample Test Questions

MPRE Sample Test Questions MPRE Sample Test Questions The following sample questions are examples of test questions similar to those on the MPRE. While these sample questions illustrate the kinds of questions that will appear on

More information

The Youth Drug Detoxification and Stabilization Act

The Youth Drug Detoxification and Stabilization Act YOUTH DRUG DETOXIFICATION 1 The Youth Drug Detoxification and Stabilization Act being Chapter Y-1.1* of The Statutes of Saskatchewan, 2005 (effective April 1, 2006) as amended by The Statutes of Saskatchewan,

More information

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500

Medical Negligence. A guide for clients. The team provides a first class service at all levels of experience. The Legal 500 www.ffw.com/personalinjury Freephone 0800 358 3848 www.ffw.com/personalinjury Freephone 0800 358 3848 Medical Negligence A guide for clients The team provides a first class service at all levels of experience.

More information

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500

Medical Negligence. A client s guide. head and shoulders above the rest in terms of skills, experience and quality. The Legal 500 www.personalinjury.ffw.com Freephone 0800 358 3848 www.personalinjury.ffw.com Freephone 0800 358 3848 Medical Negligence A client s guide head and shoulders above the rest in terms of skills, experience

More information

How To Know If A Prosecutor Can Contact A Victim In A Criminal Case

How To Know If A Prosecutor Can Contact A Victim In A Criminal Case Nebraska Ethics Advisory Opinion for Lawyers No. 09-03 IF THE VICTIM IN A CRIMINAL CASE THAT A COUNTY ATTORNEY IS PROSECUTING HAS RETAINED COUNSEL TO REPRESENT HIM IN A CIVIL CASE ARISING FROM THE SAME

More information

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS Appeal No. EAT/519/91 EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 26th October 1993 Before THE HONOURABLE MR JUSTICE KNOX MR K M HACK JP MR P M SMITH MISS M COBBOLD

More information

How To Advise The Director Of Legal Aid

How To Advise The Director Of Legal Aid Chapter 7 Guidance Notes to Solicitors Handling Civil Cases 1. Purpose 1.1 These notes are intended to provide guidance on the salient points that you, as solicitor, should pay attention to when advising

More information

JUDGMENT. TLM Company Limited (Appellant) v Bedasie and another (Respondent)

JUDGMENT. TLM Company Limited (Appellant) v Bedasie and another (Respondent) [2014] UKPC 25 Privy Council Appeal No 0023 of 2013 JUDGMENT TLM Company Limited (Appellant) v Bedasie and another (Respondent) From the Court of Appeal of the Republic of Trinidad and Tobago before Lord

More information

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013

EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 EMPLOYERS LIABILITY AND THE ENTERPRISE AND REGULATORY REFORM ACT 2013 By Justin Valentine Section 69 of the Enterprise and Regulatory Reform Act 2013 amends section 47 of the Health and Safety at Work

More information

Guide to compensation claims against the police

Guide to compensation claims against the police Tel: 020 8492 2290 I N C O R P O R A T I N G D O N A L D G A L B R A I T H & C O Guide to compensation claims against the police This guide is designed to provide a general overview to bringing compensation

More information

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015

CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 CRIMINAL INJURIES COMPENSATION SCHEME: REVISED SCHEME AS ADOPTED BY THE STATES OF JERSEY 14th APRIL 2015 Published by the STATES GREFFE for the HOME AFFAIRS DEPARTMENT Page - 2 CRIMINAL INJURIES COMPENSATION

More information

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just

At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just TWO IMPORTANT CASES WELLESLEY PARTNERS LLP the test of remoteness. At first sight Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146 is just another slightly dreary solicitors negligence case where

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

PRACTICE GUIDE TO THE ASSESSMENT OF COSTS

PRACTICE GUIDE TO THE ASSESSMENT OF COSTS Introduction PRACTICE GUIDE TO THE ASSESSMENT OF COSTS Since the commencement of the Civil Proceedings Rules 1998 (CPR), Judges are, for the first time, required to assess costs (a) (b) summarily at the

More information

REPUBLIC OF SOUTH AFRICA

REPUBLIC OF SOUTH AFRICA REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG CASE NO: 13/33469 (1) REPORTABLE: YES / NO (2) OF INTEREST TO OTHER JUDGES: YES/NO (3) REVISED... DATE...

More information

I would like to thank the Honourable Chief Justice Ma for. his insightful remarks on the important role of lawyers in

I would like to thank the Honourable Chief Justice Ma for. his insightful remarks on the important role of lawyers in Opening of the Supreme Court of Queensland Saturday 4 August Reply to the Remarks of the Honourable Chief Justice Geoffrey Ma on Duties owed to the court: fact, fiction and continuing relevance I would

More information

QBE European Operations Professional liability

QBE European Operations Professional liability QBE European Operations Professional liability Disclosure of insurance details revisited QBE Professional Liability Disclosure of insurance details revisited/november 2013 1 Disclosure of insurance details

More information

Equalities briefing five: Perceived discrimination : the scope of the definition of disability

Equalities briefing five: Perceived discrimination : the scope of the definition of disability Equalities briefing five: Perceived discrimination : the scope of the definition of disability Rachel Crasnow, a leading member of the Cloisters employment and discrimination team examines to what extent

More information

Rehabilitation of Offenders Act 1974

Rehabilitation of Offenders Act 1974 Rehabilitation of Offenders Act 1974 CHAPTER 53 ARRANGEMENT OF SECTIONS section 1. Rehabilitated persons and spent convictions. 2. Rehabilitation of persons dealt with in service disciplinary proceedings.

More information

How To Get A Child Custody Order In The United States

How To Get A Child Custody Order In The United States NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. 2015 IL App (3d 140968-U Order filed

More information

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert

Please scroll down and continue reading for my response to the government s motion that I be examined by a government expert My detractors on the internet, of which I have many, largely made up of tax lawyers who try to discredit me because I represent a threat their livelihood, and certain people whose ideas on the income tax

More information

Claims Against Public Officials. Introduction. Negligence inconsistent duties of public officials. Client Newsletter

Claims Against Public Officials. Introduction. Negligence inconsistent duties of public officials. Client Newsletter Litigation Client Newsletter Claims Against Public Officials Recent Significant Cases February 2008 Introduction This newsletter throws a spotlight on negligence claims against the police and raises the

More information

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness Service and the Senior Presiding Judge for England and Wales on Reading

More information

Sexual Assault of a Child VOIR DIRE QUESTIONS

Sexual Assault of a Child VOIR DIRE QUESTIONS ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If

More information

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards

Court of Protection Note. The Court of Protection and Personal Injury Claims. Simon Edwards Court of Protection Note The Court of Protection and Personal Injury Claims Simon Edwards 1. What happens when P brings proceedings for damages for personal injuries, those injuries being, substantially,

More information

Before : THE HONOURABLE MR JUSTICE TUGENDHAT - - - - - - - - - - - - - - - - - - - - - Between :

Before : THE HONOURABLE MR JUSTICE TUGENDHAT - - - - - - - - - - - - - - - - - - - - - Between : Neutral Citation Number: [2012] EWHC 3279 (QB) Case No: HQ09X03020 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION Royal Courts of Justice Strand, London, WC2A 2LL Date: 20/11/2012 Before : THE HONOURABLE

More information

TORT LAW SUMMARY LAWSKOOL UK

TORT LAW SUMMARY LAWSKOOL UK TORT LAW SUMMARY LAWSKOOL UK TABLE OF CONTENTS INTRODUCTION 5 DEFENCES 6 Consent (Or Volenti Non Fit Injuria) 6 Illegtality (or Ex Trupi Causa) 7 Contributory Negiligence 8 NEGLIGENCE 11 Duty of Care 11

More information

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS

NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS NOT ACTUAL PROTECTION: ACTUAL INNOCENCE STANDARD FOR CRIMINAL DEFENSE ATTORNEYS IN CALIFORNIA DOES NOT ELIMINATE ACTUAL LAWSUITS AND ACTUAL PAYMENTS By Celeste King, JD and Barrett Breitung, JD* In 1998

More information

Clinical negligence. Grounds

Clinical negligence. Grounds Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the

More information

PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT

PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT PRACTICE NOTE: LAWYER FOR THE CHILD: CODE OF CONDUCT 1 INTRODUCTION AND COMMENCEMENT 1.1 This Code of Conduct for lawyers appointed to act for children in Family Court proceedings replaces the previous

More information

2.2.2 Adversely affect another party s case; or

2.2.2 Adversely affect another party s case; or LEGAL PROFESSIONAL PRIVILEGE AND WITHOUT PREJUDICE COMMUNICATIONS: A PRACTICAL OVERVIEW FOR LOSS ADJUSTERS ELSPETH OWENS, 4 PUMP COURT Introduction 1. The application of Legal Professional Privilege to

More information

Chapter 7 Tort Law and Product Liability

Chapter 7 Tort Law and Product Liability Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability

More information