Psychiatric Harm Psychiatric Harm in Negligence Psychiatric harm is an area of negligence that can be difficult to understand because the courts treat different types of claimants in different ways. In some situations, a person may claim as they have suffered psychiatric harm because of the defendant’s negligence, even if they have not suffered a physical injury. However, not every emotional reaction will result in a successful claim. The law places limits upon who can claim

Vicarious Liability Vicarious liability is an important principle within Tort Law that allows one person or organisation to be held liable for the torts committed by another. Most commonly, an employer for the actions of an employee. Vicarious liability applies when the two elements are satisfied. (Barclays Bank plc v Various Claimants, 2020): 1. There is a relationship of employment or akin to employment making it proper for the law to enforce liability, and; 2.

Intro to Tort Law What Is Tort Law? The word tort comes from an old French word meaning wrong. Tort law is an area of civil law that deals with situations where one person has suffered harm or loss because of another person's actions or failure to act. For example, A driver is using their phone while driving and crashes into another person's car. The driver may have acted negligently. If the other person's car is damaged, the person may be able to bring a claim against the dr

What Is Vicarious Liability? Vicarious liability arises where one person (usually an employer) is held legally responsible for the torts committed by another (usually an employee). Most commonly, an employer becomes liable for torts committed by employees during the course of employment.

The aims of sentencing The Aims of Sentencing in English Law When a person is found guilty of a criminal offence, the judge or magistrate must decide on an appropriate sentence. Before the magistrates or judges can choose a punishment, they first must consider what they are trying to achieve through that sentence. Sentencing is not simply about punishing someone; it is also about protecting society, reducing crime, helping offenders change their behaviour, and supporting vict

Loss of Control Explained Loss of control is a partial defence to murder, here the law is recognising that the defendant has killed the victim but they are not fully liable for murder as they have acted out of a loss of control. The law therefore provides a partial defence to murder in these circumstances and if the defence is successful, the conviction is reduced to voluntary manslaughter (loss of control). This is important because it removes the mandatory life sentence and

Intoxication Intoxication is a partial defence within criminal law, it provides a defence when the defendant was unable to form the mens rea for the crime as their state of mind was affected by an intoxicating substance such as: alcohol illegal drugs solvents prescribed medication spiked drinks The rules of this defence and availability, are quite strict this is because the courts do not want people to escape liability just because they were under the influence of

The Law of Murder Explained Murder is arguably one of the most serious offences in English criminal law. It is a common law offence, this means that it has been developed over time through court decisions rather than being fully written in to legislation. Over time, judges have shaped the offence so that it can apply to a wide range of real-life situations. The common law definition of murder comes from Lord Coke, who described it as “the unlawful killing of a reasonable crea

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No Fault Divorce In the UK, when a marriage breaks down, the law provides a formal process for ending it through divorce. In England and Wales, this process is now governed by the Divorce, Dissolution and Separation Act 2020, which applies to divorces that started on or after 6th April 2022. This legislation covers both heterosexual and same-sex couples, and it has brought significant changes to the law compared to the old law of divorce. In this blog we will explore the old

Ultra Vires Delegated legislation plays a very important role in the UK legal system. It allows individuals or bodies other than Parliament to make law using powers granted to them in an Enabling Act (also known as a Parent Act). Whilst this system allows laws to be made quickly and by people with specialist knowledge, it also raises an important constitutional issue in the fact that delegated legislation is created by unelected individuals. Due to this, delegated legislation

Role of Barristers Barristers are specialist legal professionals who primarily represent clients in court. The role of a barrister can be interesting and varied. They are experts in advocacy, which means that they represent their clients in court by presenting legal arguments and evidence in front of a judge and sometimes a jury. Barristers play a key role in the justice system in England and Wales, particularly in more serious or complex cases heard in higher courts such as

Role of a Judge

Criminal Liability for Omissions To be guilty of a criminal offence under UK law, a defendant must usually have both the actus reus and the mens rea of the criminal offence. The actus reus is the guilty act, and the mens rea is the guilty mind. If both elements are present at the same time, then the defendant can be found guilty and punished under criminal law. When establishing actus reus, it is normally required that the defendant has committed a positive and voluntary act.

Advantages and Disadvantages of the Purposive Rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here. Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the purposive rule. We will explore the advantages and disadvantages of the purposive rule in detail. You can access the evaluation of each o

Advantages and disadvantages of the mischief rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here. Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the mischief rule. We will explore the advantages and disadvantages of the mischief rule in detail. You can access the evaluation of each of t

Advantages and Disadvantages of the Golden Rule In our previous blog posts we have explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here. Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the golden rule. We will explore the advantages and disadvantages of the golden rule in detail. You can access the evaluation of each of t

Advantages and Disadvantages of the Literal Rule In our previous blog post we explored the different rules that are used by judges to interpret the words or phrases of an Act of Parliament. You can access this blog here. Within this blog we are going to delve further into the rules of statutory interpretation and evaluate the use of the literal rule. We will explore the advantages and disadvantages of the literal rule in detail. You can access the evaluation of each of the

Statutory Interpretation What is Statutory Interpretation? Before we begin our exploration of the different rules of interpretation, it is important to know why statutory interpretation exists in our legal system. To understand this topic, we must first understand that Acts of Parliament are laws made by Parliament and they are the main source of law in the UK. Once an Act has been passed, it is the role of judges to apply the laws and rules contained within the Act when deci

Negligence Evaluation This blog focuses on evaluation of Negligence. A core Tort Law topic. Negligence is a type of civil wrong that allows individuals (claimants) to claim when they have suffered injury, loss or damage due to someone else’s actions or omissions. To succeed in a negligence claim, a claimant must prove three key elements: A duty of care was owed by the defendant. That duty was breached. The breach caused foreseeable damage. Duty of Care A duty of care exists w