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...statement in Caswell v. Powell Duffryn Associated Collieries Ltd. [1940] AC 152 that “The policy of the statuto...delegation. The principles of contributory negligence still apply. In Ginty v. Belmont Building Supplies Ltd. [1959] 1 All ER 414 at 423...Higgins v. South of Ireland Asphalt Co. Ltd. (1961) 101 ILTR 168 (SC). 20. The principles in relation to breach of statutory duty and...
...passages in the speech of Lord Wright in Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152. Lord Wright said at...
...(HL) 96 (“Taylor”), Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152, and Robinson v Hamilton 1923 SC 838...of the Police of the Metropolis [2000] 1 AC 360 (“Reeves”) and Standard Chartered Bank v Pakistan National Shipping Corporation and others (Nos 2...involvement of the Landrover Discovery, as condescended upon. (v) Members of the B criminal enterprise met up at premises within the Germiston area of Glasgow. In particular, they met at a...
...Closures etc Ltd 2001 SLT 1299 Burns v Dixon's Ironworks 1960 SC 102 Caswell v Powell Duffryn Collieries [1940] AC ..., some only in passing Banque Bruxelles SA v Eagle Star [1997] AC 191 Beck v United...v North Lanarkshire Council 1999 SCLR 310 Higgins v DHL 2003 SLT 1301 Hughes v Lord Advocate...
...inference into the wilderness of "mere speculation or conjecture": Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC ...different context Lord Steyn has recently said in Frost v Chief Constable of Yorkshire [1999] 2 AC 455, 491 that our tort...Caparo Industries plc v Dickman [1990] 2 AC 605. 56. The same is true of causation. T...
...(1952) 2 QB 608, per Denning LJ at p. 615]. In Caswell –v- Powell Duffryn Associated Collieries [1940] AC 152, Lord Wright dre..., prudent man he might hurt himself; and in his reckonings he must take into account the possibility of others being careless". [See Jones –v- Livox Quarries...inadvertence or lapse of attention on the part of the Plaintiff may not suffice to constitute contributory negligence. Most recently, in St. George –v- The Home Office [2008] EWCA. Civ...
...have done more? Mr Grant took me as far back as Caswell v. Powell Duffryn Associated Collieries Ltd [1940] AC 152 and...General Cleaning Contractors Ltd v. Christmas [1953] AC 180 for the propositions that an employer's duty of care at common law extends to...where they had taken reasonable precautions against them. Stark v. Post Office [2000] EWCA Civ 64 became a well-known example. A component...
...that section is materially different from the approach to the question whether there was a breach of duty at common law. Lord Wright made this clear in Caswell v Powell Duffryn Associated Collier...line does exist, and was clearly recognised in Morris v West Hartlepool Steam Navigation Co Ltd [1956] AC 552. The speeches in that case show, not that one...in peril upon an ambiguity, however much the purpose of the Act appeals to the predilection of the court" (London and North Eastern Railway Co v Berriman [1946] AC...
...principle.107. Mr Davenport submitted that the case of TH and HDL has proceeded by way of inference alone. In Caswell v Powell Duffryn Associated C...."102. There is nothing between the parties as to the governing legal principles. 103. In Hayes v Willoughby...and annoying conduct on the one hand, and unreasonable and oppressive conduct on the other, is a matter of fact and degree: see Lord Nicholls in Majrowski v Guy's and St Thomas's NHS...
...principle is causation: see Caswell v Powell Duffryn Associated Collieries [1940] AC 152 at 155 per Lord Atkin; and a broad,...Stock Exchange v Strachan [1896] AC 166. 14. Trading in CFDs is usually done by reference to "lots". The concept of a "lot" refers to a standardised quantity...the end (close out) of the contract. In City Index v Leslie [1992] QB 98, Leggatt LJ explained that, "A contract for differences is a contract...
...[1932] AC 452; Callaghan v Southern General Hospital NHS Trust, 2000 SLT 1058; Caswell v Powell Duffryn Coll.... In reaching his carefully reasoned view on the evidence, the Lord Ordinary relied on the speech of Lord Wright in Caswell v Powell Duffryn etc Collieries about inadvertence...] A.C.152; Davey v Thurroch (2001) cited in Kemp and Kemp 96-004; Edwards v Hozelock (2002) cited in Kemp and Kemp G6-002; McDyer v Celtic Football Etc Ltd (No 2) 2002 SLT...
...must vary with the circumstances – Caswell v Powell Duffryn Associated Collieries [1940] AC 152, per Lord Wright at pp. 175–176. But where the conduct...(Hunter v Hanley 1955 SC 200 at 204-205). Second, there were no averments which properly addressed the question of causation. The pursuer did not offer to prove what the cause of his low level of...(Rorrison v West Lothian College 1999 Rep LR ...
...Swan Motor Co Swansea Ltd [1949] 2 K.B. 291 3. Caswell v Powell Duffryn Associated Collieries Limited Respondents [1940] AC ... 7. Standard Chartered Bank v Pakistan National Shipping Corporation and Others No 2 [2003] 1 AC 959...Thames Trains Ltd and another [2009] 1 AC 1339 10. Amadu-Abdullah v Commissioner of Police of the Metropolis...
...prevailing at the time of the accident was similar to the conditions prevailing in Caswell v Powell Duffryn Associated Collieries Limited 1940 AC ...and unthinking movement in response to the bag landing on the roof.Regard, as was said by Lord Wright in Caswell v Powell Duffryn Associated Collieries Limited has to be...] Counsel went on to submit that a multiplier/multiplicand approach was appropriate in this case and he directed my attention to Wells v Wells 1999 1 AC 345 per Lord Lloyd of...
...common sense rather than a philosophical or scientific approach to causation was to be adopted (Caswell v Powell Duffryn Associated Collieries [1940] AC ...Page v Smith [1996] AC 155. In that case the plaintiff was held as a matter of fact to have suffered a recrudescence of myalgic encephalomyelitis.... That special category, he submitted, was traditionally known as "nervous shock" (McLoughlin v O'Brian [1983] 1 AC 410 per Lord Wilberforce at 418A...
...defendants' witness evidence is irrelevant or consists of speculation and conjecture and is therefore inadmissible. He cites Caswell v Powell Duffryn Associat...Andrews v Styrap (1872) 26 LT 704 at 706: "The matter does not appear to me now as it appears to have appeared to me then." However, in granti...LJ had been answered by the leading case of Jones v National Coal Board [1957] 2...
...to be established. If there are no such positive proved facts from which the inference can be made, the method of inference fails, leaving mere speculation or conjecture (Caswell v Powell Duffryn ...para 10-3. Or, as Lord Simon of Glaisdale put it in R v Kilbourne [1973] AC 729 [1973] AC 729 758, 'Circumstantial evidence
works by cumulatively, in geometrical...;(ii) The insurance policies and Don's finances;(iii) The pathology evidence and Fitbit data;(iv) The deletion of electronic data; and(v) Don's...
..., Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152). It might be added that the law, both through several re...Robins v National Trust [1927] AC 515); iii) The standard for proving dishonesty in a civil case is the balance of probabilities...) Daze iv) Dizziness v) Focal neurological symptoms vi) Headache vii) Nausea 152. The Claimant has referred to...
...care which constitutes negligence must vary with the circumstances—Caswell v. Powell Duffryn Associated Collieries...Donoghue v. Stevenson; Caswell v. Powell Duffryn Associated.... Farquhar v. Murray sheds little light on the general...
...June Wakelinv. The London and South Western Railway Company (1886) 12 A.C. 41,and Caswell v. Powell Duffryn Associated Collieries Ltd. (1940] A.C. 152).In each case it...inCaswell v. Powell Duffryn Associated Collieries Ltd. [1940] A.C. 152. and bythe Master of the Rolls in Stimpson v. Standard Telephones and Cables Ltd..., to prove that the dust from the swing grinders did not cause thepursuer's disease. This view was based on a passage in the judgment ofthe Court of Appeal in Vyner v. Waldenberg...