'English Law Report\r'

'Introduction In UK t present ar trinity main etymons of English uprightness, economy (Statue coquet-orderedity), crude police (Judge-made justice) and the European Communities integrity. Pg 41, Longshaw, (2002) The purpose of this report is to formulate the institution of Common made Law and as well as to explain art of apprehension, inattention, trespass, and consent. I w calamity also mien at how specific legislations instruct health flush pr doingiti unmatchedrs as to their sub judice responsibilities. Statute Law Legislation however, is probably the most important source of practice of constabulary in the UK. Legislation unquestionable later than super C law as a major source of law.It is made by Parliament, i. e. the House of Commons, the House of overlords and the milkweed hardlyterfly and they cigaret pip or unmake each law. Proposals for legislation (‘Bills) are presented to debate by and voted upon by the House of Common and the House o f Lords, finally receiving the concur of the Monarch and thus becoming Acts (Statutes) of Parliament. Common Law Common law forms a major articulation of Englands law. It covers reciprocal crimes that happen on a daytime to day basis and prepare always existed such as rape, assault, murder and theft.It is created and refined by resolve: a determination in a presently pending levelheaded wooing depends on endings in previous cases and affects how the law is applied in in store(predicate) cases. Common law evolves with time and the sentencing for various crimes butt end be made harsher or softer. It uses the idea of priority so that penalizations that have been passed before in quasi(prenominal) crimes can be used to determine the punishment for a similar crime. When there is no irresponsible statement of the law, adjudicates have the authority and debt instrument to make law by creating precedent. Jokinen, 2009) A anteriority of common law is set d receive by Lord Atkins through the Donaghue vs. Stevenson case. at that power are twain guinea pigs of precedents: binding precedents (a past decision which is binding †the legal point of the earlier case is identical or fitly similar to the present one and the decision was rendered by a higher court) or glib-tongued precedents (which the court may consider but is not bound to follow) Sources of persuasive precedent may also be the Judicial Committee of the Privy Council, the European Court of Human Rights or courts of countries which also go through the common law.Duty of Care In English law an separate is owed a duty of trouble by another(prenominal), to ensure that they do not suffer paradoxical harm or loss. This definition of duty of trouble cognize today came from Lord Atkin and the ‘Neighbour Principle that came from the concept on the Donaghue vs. Stevenson case in 1932. The Donaghue verses Stevenson is the case of Mrs Donaghue claiming remediation from gastroente ritis after drinking a bottleful of ginger beer and finding a decomposing snail in it. She was claiming damages against Mr. Stevenson the manufactures of the ginger beer.When this case outgrowth came to court neither Scottish law nor British common law saw duty of care in regards to someone remotely connected. Lord Atkins changed things by maxim everyone has a duty of care to their live here is a quote of what the legal definition of a neighbour should be. â€Å"The rule that you are to love your neighbour becomes in law you must not ill-use your neighbour; and the lawyers question â€Å"Who is my neighbour? ” receives a certified reply. You must take reasonable care to ward off acts or omissions which you can reasonably foresee and would be likely to injure your neighbour.Who hence in law is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in reflectivity as being so affected when I am directing my mind to the acts or omissions which are called in question. ” (Lord Atkins, 1932) When this duty of care is not acted upon this s called carelessness. slackness Negligence is a tort law, which establishes legal liability for careless actions or inactivity which causes injury.Therefore negligence is not concerned with the action or inaction, but with the manner in which the action or inaction is carried out. Negligent conduct is that which falls below an gratifying standard, this standard has been established in order to hold dear others from an unreasonable risk of harm. Not every type of carelessness is specify as legal negligence. There are four elements that extremity to be resurrectn for an action or inaction to be defined as legal negligence this are; duty, breach, antecedent and damage.The â€Å"ABC” rule has to be met before negligence can be. A is that there has to be a duty of care between the health care practitioner and the enduring. B is that the actions of the health care practitioner fell short of the duty of care set in A. And C is that this action leads to damages occurring. Negligence is a part of Tort law. take advantage Trespass to the person in a medical checkup cathode-ray oscilloscope could be a doctor or guard carrying out a procedure without the consent of the patient; however this is not always the case.In some cases doctors can perform emergency procedures to save a patients liveliness without their consent this is sometimes because the patient is too ill to consent or there is a tortuousness while another procedure is taking place. An utilization of trespass to the body in a medical setting is the case of Bartley v Studd. This case is about John Studd removing Mrs Bartleys ovaries while doing a hysterectomy without her consent. (Garner, 1997). In the case of trespass, it does not have to be proved that all harm has occurred to the patient, which could have been the case in the in a hi gher place situation.However, if the patient could prove that they would not have agree to the procedure having known the risks beforehand and they can prove that they have suffered harm as a result, then they could succeed in a case of negligence against the book (Dimond 2003). Role and codes of practice Legislation, also known as Acts of Parliament or Statutes, is the commonest source of radical law in the United Kingdom and is of cracking relevance to health, care ; social workers. There is another form of law known as scale Law -essentially ‘judge-made law.This is often referred to as Common law, developed by individual judicial decisions. Where a legal issue has been decided by a judge or judges in a boss court, lower courts are bound to follow this decision in subsequent cases. In other speech when a senior judge has made a decision about case, other judges support by this decision (called a precedent). Most law was made this way up until the 17th ampere-second b ut more recent legislation is more or less all created by Acts of Parliament, referred to as Primary Legislation.The bureau of the judges is still important though, as they diddle a part in law-making by interpret Acts of Parliament and their rulings may become law, as in the case of Regulations. Both the Acts and their applicable Regulations are law. Regulations and guidelines Regulations, guidance and procedures along with various codes of practice produced by the relevant professional person bodies: the Nursing ; Midwifery Council (NMC) for Nurses and Midwifes, recommend what is considered to be good practice on a day-by-day basis for professionals.This means in effect that the professional has a defence against claims of malpractice or negligence if s/he has followed the authorised guidance and regulations. However the reversed also applies. If a professional has not followed veritable guidance or procedure and a lymph gland or patient has suffered harm as a result of t he professionals actions, the professional may be in person put guilty of negligence. Trespass and Consent Common law has protected the personal and bodily interests of the individual through the law of trespass.When a patient undergoes treatment, it is the cookery of consent that obstructs the doctor from being held liable for a battery or for negligence. The essential elements to a reasoned consent can be summed up as follows: a) the patient must have sufficient understanding, differently known as the mental capacity to make the decision, b) the patient must consent (or refuse) the treatment of his own free give, with no duress or extravagant influence, and c) the patient must have been given sufficient information about the proposed treatment. 1 patient is exposed of making such decisions, his consent or refusal will be valid.In practice it can be seen that a patient who is very unsteady on their feet is at high risk of falling and it can be reasonably foreseeable that th e patient could fall. In this situation, the shelter should take appropriate action to try and prevent the patient falling, and this falls within the duty of care that the nurse owes the patient. The nurse could communicate with other staff about the patients mobility and also put interventions in place to help prevent the patient falling. However, if the nurse was to fail this reasonably foreseeable event and the patient did fall, the nurse would be in breach of her duty and could be negligent.For an act of negligence to be established, it must first be determined that there is a duty of care owed. The Bolam test may be one way of establishing negligence in this case as other nurses in the same field may be asked what actions they would have taken in this situation. Conclusion. In this report we see that everyday practice professionals need to always refer to legislation directly †agencies that utilisation health and care workers, such as the NHS and amicable Services Dep artments, will usually have produced documents that decimal point policy and procedure, designed to help them act in accordance with the law.In conclusion this report also gives us a slight insight into the English Law within the legal system today. Bibliography Bradney, F. C. (200). English sub judice System in Context (2nd ed. ). London: beating-reed instrument Elsevier Ltd. Curzon, L. (2002). Dictionary of Law (6th ed. ). Essex: Pearson Education Ltd. Fleming, J. G. (1998). The Law of Torts (9th ed. ). Sydney: LBC culture Services. Garner, C. (1997, September 27). Doctor who removed patients ovaries without her consent found guilty of misconduct. Retrieved Feb 13, 2013, from The Independent: http://www. ndependent. co. uk/news/doctor-who-removed-patients-ovaries-without-her-consent-found-guilty-of-misconduct-1241322. html Gibbins, J. M. (2003). pinpoint A-Z Law Handbook (3rd ed. ). London: Hodder and Stoughton Educational. Holdsworth, M. (2006). Introduction to the English L egal System. citizED Citizenship and Teacher Education. Jokinen, A. (2009, April 13). Common Law. Retrieved November 7, 2010, from Luminarium: http://www. luminarium. org/encyclopedia/commonlaw. htm Lewis, J. P. (2008, November 11). stripling who won right to die: ‘I have had oo much trauma. Retrieved February 20, 2013, from Guardian: http://www. guardian. co. uk/society/2008/nov/11/child-protection-health-hannah-jones Lord Atkins, L. B. -P. (1932). Donoghue verses Stevenson. Retrieved from Scottish Council of Law Reporting: Retrieved February 20, 2013, from http://www. scottishlawreports. org. uk/resources/dvs/page-images/pages/Lord-Atkin-Page-2. html bloody shame Charman, J. M. (2004). Law AS & A2. Essex: Pearson Education Limited. Quinn, C. E. (2006). AS Law (3rd ed. ). Essex: Pearsin Education Ltd. Pg 41, Longshaw, A & Hughes, M W200: Understanding Law †manual(a) 1 (6th Edition), (2002), Oxford University Press, Oxford). BIBLIOGRAPHY 1. spanker G. and Kelly D. The English Legal System (5th Edition), (2001) Cavendish Publishing Ltd, London. 2. Longshaw, A & Hughes, M W200: Understanding Law †Manual 1 (6th Edition), (2002), Oxford University Press, Oxford). 3. Penner J. E. Law Dictionary (12th Eidtion), (2001) Butterworths, London). 4. http://www. lawcampus. butterworths. com/log_in. htm 5. http://athens. butterworths. co. uk/athenslogin/FormsLogin. asp? /athenslogin/buttlogin. htm\r\n'