Why did Lord Devlin bring up &quot;the doctor accepted half a guinea for his trouble&quot;? Don&#39;t NHS doctors receive consideration, even if patients don&#39;t pay? In saying &quot;the doctor accepted half a guinea for his trouble&quot;, Lord Devlin is giving an example of contractual consideration for the private doctor. Correct? I'm not British. If I understand, patients pay nothing to consult NHS doctors. But the NHS pays its doctors. Thus don't NHS doctors' remuneration, paid by the NHS, constitute consideration for these doctors' consultations with patients? Why would doctors need to accept guineas from patients to beget consideration? If NHS doctors' remuneration, paid by the NHS, constitute consideration for these doctors' consultations with patients, then NHS consultations are contracts and don't involve any tort. Correct? Then what does &quot;the doctor accepted half a guinea for his trouble&quot; have anything to do with tort? Before Hedley Byrne was decided, tortious liability attached only to statements made fraudulently,6 and so the question for the court was whether such liability should be extended to statements made innocently but negligently. This, rather than the nature of the loss thereby caused, was the real focus of the judgments. There is no question that Hedley Byrne is a landmark case in the law of tort, although some think it represents a wrong turning in the law.7 In the following excerpt, Lord Devlin explains why, in his view, this development was necessary in order to avoid arbitrary distinctions between those situations in which recovery for economic loss is available and those where it is not: This is why the distinction is now said to depend on whether financial loss is caused through physical injury or whether it is caused directly. The interposition of the physical injury is said to make a difference of principle. I can find neither logic nor common sense in this. If irrespective of contract, a doctor negligently advises a patient that he can safely pursue his occupation and he cannot and the patient’s health suffers and he loses his livelihood, the patient has a remedy. But if the doctor negligently advises him that he cannot safely pursue his occupation when in fact he can and he loses his livelihood, there is said to be no remedy. Unless, of course, the patient was a private patient and the doctor accepted half a guinea for his trouble: then the patient can recover all. I am bound to say, my Lords, that I think this to be nonsense. It is not the sort of nonsense that can arise even in the best system of law out of the need to draw nice distinctions between borderline cases. It arises, if it is the law, simply out of a refusal to make sense. The line is not drawn on any intelligible principle. It just happens to be the line which those who have been driven from the extreme assertion that negligent statements in the absence of contractual or fiduciary duty give no cause of action have in the course of their retreat so far reached.8 8 At 517. Jodi Gardner, Sarah Green, Tort Law (2021) p 48.
You missed a bit: Unless, of course, the patient was a private patient and the doctor accepted half a guinea for his trouble: As well as the state-run National Health Service (which is generally free to most patients) the UK also has a number of private health care providers where patients pay, for example, to be treated sooner than they would if they went with the NHS. Some NHS doctors also work on a self-employed basis in this private sector, called private practice, which creates the contractual relationship alluded to by Lord Devlin. Re: Don't NHS doctors receive consideration, even if patients don't pay? Yes they do. But not from a (non-private) patient - they are paid by the NHS (or related entity). There are different contractual relationships available, such as being on a salaried payscale or in a partnership but all remuneration comes from the NHS.
Is this legal? Yes Or does it mean that employee will be in breach of his/her contract? Yes You are assuming that if the evidence is allowed to be presented then that automatically means that keeping it for that purpose is not a breach of the contract. This is not necessarily so; it can be both at the same time. That said, it is unlikely that an employer would attempt to sanction an employee for this as the courts would (rightly) see it as an attempt to pervert the course of justice. As in most things in the law it is possible for all parties in a matter to be on the wrong side of it. If you want to come to the tribunal with "clean hands" then the best thing to do is make a record (not a copy) of the relevant documents and return then to the employer. Before going to the tribunal get your solicitor to subpoena the documents that you want - they will have to produce them and you have them without breaking your contract.
You are looking for the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases, which had its sixteenth edition published in April 2022. This book sets out the range of compensation based on the type of injury suffered. The scale is very detailed. For example, we can find in Chapter 7, (G) Injuries to the elbow (a) A severely disabling injury - £39170 to £54830 (b) Less severe injuries causing impairment of function but not involving major surgery or significant disability - £15650 to £32010 (c) Moderate or minor injury (i) Injuries fully resolving after about one year - In the region of £3530 (ii) Injuries with the majority of symptoms resolving within 18 to 24 months but with nuisance level symptoms persisting after that - In the region of £6500 (iii) Injuries recovering after three years with nuisance symptoms thereafter and/or requiring surgery - Up to £12590 There are lots of other rules about the calculations, which are beyond what can be summarised in a text box. In the case of assault, one might find reference to Chapter 4, which is on psychiatric effects including PTSD, as well as to the physical injuries. Probably the most important note is that they are Guidelines, not Rules, and so the court can deviate from them at its pleasure. But this is what the judge will have at their fingertips during the proceedings. Because these concern damages, receipt of an award will depend on whether the respondent actually has the money. For that reason, there is a statutory scheme, the Criminal Injuries Compensation Scheme, which can make additional payments to victims of violent crime. CICS awards are reduced based on civil damages already paid, because you can't be compensated twice for the same injury. They are also calculated after any insurance payout, so it's in the nature of a final resort. The CICS tariffs are not the same as the JCG ones. Taking the elbow example, CICS 2012 rates damage to one elbow with substantial recovery at £1500 (level A2), and with continuing significant disability at £6200 (level A7). Other eligibility rules and procedures are different as well. In practice, the majority of CICS awards are for between £1000 and £2400 (bands A1 to A4); there is a proposed simplification of the bands into fewer levels, but this has not yet been implemented.
In General Generally speaking, applying common law principles, no. In the case of a relative or friend or neighbor or someone like that, doing a favor for a business does not create a legally enforceable right against a business or business owner. Contract Claims The question assumes that there is not true express contract, or even really a contract to pay compensation in some amount or by reference to some schedule of rates, that was implied in fact. Unjust Enrichment Claims One can still recover for service or benefit rendered under a claim of &quot;unjust enrichment&quot; in the absence of a contract. But, in contexts applicable here (also called &quot;quantum meruit&quot;) there must be an expectation of payment communicated in a way clear to an objective observer of the situation to recover, as opposed to a gratuitous provision of service. One classic case of unjust enrichment is when someone paints your house by accident, when they are actually under contract to paint your next door neighbor's house, and you know that they made the mistake but allow them to go forward expecting to be paid anyway. Another classic case is one where services must be provided by a doctor or repairman or lawyer on an emergency basis and everyone knows that they were hired with an intent that you pay them, but the price could not be agreed upon because it was urgent to do the work immediately before working out the details of a contract to provide services. In these circumstances, the service provider is entitled to payment of the fair value of the services provided despite the lack of an express agreement regarding the amount. In this example, however, there is not a clear expectation of payment that an objective outside observer would have been able to discern at that time the services were provided, so by default, the help provided was gratuitous, and not enforceable legally. Special Considerations For Spouses This general analysis also applies to a spouse, but not quite so strictly. While the spouse couldn't sue for compensation or having a legally enforceable right to compensation, the extent of the help provided would be one factor among many that could be considered in determining an equitable division of property (in states that are not community property states) and an appropriate and equitable amount of alimony in states that do not have a fixed formula for determining this amount. De minimis assistance would &quot;come with the territory&quot; and be part of a spouse's general right to an equitable division of property under a partnership theory of marriage. But, more extreme labors not compensated in money during the marriage, such as personally building a barn on a farm, or working full time in a spouse's business for a prolonged time period without express money compensation, might have a value assigned to it that is considered in balancing each side's share in an equitable division, if one spouse is reaping the benefit of the other spouse's unpaid labor by receiving, for example, a working farm or business. Similarly, in a fraudulent transfer case, it is possible that a payment to a spouse for extreme labors in the past of this kind would have a status similar to a payment for a pre-existing and not substantially contemporaneous debt. A spouse would be an insider. But, the transfer for no contemporaneous consideration might be considered safe from a fraudulent transfer attack after one year rather than the usual four year statute of limitations on fraudulent transfers. Concluding Observation: Questions Of Proof. Of course, all of this would be based when litigated on oral discussions and context limited by people's memories. This might make proof of a claim like this on the merits hard to win on at trial. But, it also makes disproving a claim prior to trial, when what happened is disputed, difficult. Caveat For Intellectual Property Claims I do not address the issue raised by a comment of designing a logo which raises legal issues specific to who owns intellectual property. Sometimes the person who comes up with an idea is the default owner of the intellectual property rights associated with that idea, unless there is a written agreement to the contrary. This default rule usually applies even if the intellectual property was created with the intent that it be used by someone else.
In Uzuegbunam v. Preczewski (2021), the US Supreme Court addressed a case that sought one dollar in nominal damages. I'm assuming you mean only claims involving money damages as a remedy, because there are many claims every year involving no literal money damages and the remedy sought is some other kind of relief (although such relief would still have practical or economic value).
Has friend A got any chance of disputing the cost of the seizure as the police didn't issue the notification? I don't think so (see below for why), but you should pay a lawyer if you need legal advice. The met say A FORM 3708 seizure notice will have been given to the driver where practicable, giving full instructions on the reverse. A notice letter will also be sent to the registered keeper, if they were not the driver. In the meantime, this information will assist you. (my emphasis). Section 165A of the Road Traffic Act 1988 does not, so far as I can see, mention any legal requirement for the Police to issue a paper document at the time of seizure. Here's 165A in full 165A Power to seize vehicles driven without licence or insurance Subsection (5) applies if any of the following conditions is satisfied. The first condition is that— a. a constable in uniform requires, under section 164, a person to produce his licence and its counterpart for examination, b. the person fails to produce them, and c. the constable has reasonable grounds for believing that a motor vehicle is or was being driven by the person in contravention of section 87(1). The second condition is that— a. a constable in uniform requires, under section 165, a person to produce evidence that a motor vehicle is not or was not being driven in contravention of section 143, b. the person fails to produce such evidence, and c. the constable has reasonable grounds for believing that the vehicle is or was being so driven. The third condition is that— a. a constable in uniform requires, under section 163, a person driving a motor vehicle to stop the vehicle, b. the person fails to stop the vehicle, or to stop the vehicle long enough, for the constable to make such lawful enquiries as he considers appropriate, and c. the constable has reasonable grounds for believing that the vehicle is or was being driven in contravention of section 87(1) or 143. Where this subsection applies, the constable may— a. seize the vehicle in accordance with subsections (6) and (7) and remove it; b. enter, for the purpose of exercising a power falling within paragraph (a), any premises (other than a private dwelling house) on which he has reasonable grounds for believing the vehicle to be; c. use reasonable force, if necessary, in the exercise of any power conferred by paragraph (a) or (b). Before seizing the motor vehicle, the constable must warn the person by whom it appears that the vehicle is or was being driven in contravention of section 87(1) or 143 that he will seize it— a. in a section 87(1) case, if the person does not produce his licence and its counterpart immediately; b. in a section 143 case, if the person does not provide him immediately with evidence that the vehicle is not or was not being driven in contravention of that section. But the constable is not required to give such a warning if the circumstances make it impracticable for him to do so. If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied. The powers conferred on a constable by this section are exercisable only at a time when regulations under section 165B are in force. In this section— a. a reference to a motor vehicle does not include an invalid carriage; b. a reference to evidence that a motor vehicle is not or was not being driven in contravention of section 143 is a reference to a document or other evidence within section 165(2)(a); c. “counterpart” and “licence” have the same meanings as in section 164; d. “private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house. Also what consequences could Friend A face for knowingly allowing friend B to drive his (Friend A's) car whilst he was drunk and didn't hold a valid license or insurance? A few random thoughts: B is clearly committing several criminal acts and A appears to have possibly aided and abetted them. I imagine A's insurance company might consider this invalidates A's insurance. I'm just some random bloke in the intertubes, not a lawyer.
england-and-wales Admission of the confession is at the discretion of the court PACE s78 gives the court the discretion to decide on the admissibility of confessions obtained if it appears to the court that &quot;having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.&quot; There is deliberately no case law guidance on this. Superior courts in the UK have been scrupulous in saying that each case turns on its merits. The “circumstances in which the evidence was obtained” are certainly suss and would not be permitted by a police officer who is required to warn the suspect and advise them of their right to silence. However, that is not sufficient to exclude the evidence. The court also needs to consider whether it would have “such an adverse effect on the fairness of the proceedings that the court ought not to admit it.” If the confession is the only evidence then admitting it would clearly be unfair. However, if the Crown has mountains of other evidence, then the confession may only have a small probative value. There is no “fruit of the poisonous tree” doctrine in the UK Far more likely is that the Crown would not even seek to introduce the confession. It would just slow the trial and give the defence grounds for an appeal. Instead, they would use the confession to inform their investigation and get other evidence to convict. Legal privilege In England and Wales, legal advice privilege only applies where there is a lawyer present. If Badal is a lawyer, then the privilege attaches; if he isn’t then it doesn’t, irrespective of what he led Naina to believe. The same would be true even if Badal believed he was a lawyer but, for some reason, was not licenced in E&amp;W. Litigation privilege is a broader concept and covers all advice, including from non-lawyers, where litigation (including criminal prosecution) has commenced or is reasonably likely. Based on the description, Naina has been committed to stand trial so everything she said is covered by privilege and is inadmissible. Why bother doing this? Most criminals are not sophisticated and will often implicate themselves if you give them enough space without the police or others violating any rules. Anecdotally, I have a relative who was a psychologist for a remand prison - prisoners charged but not yet tried. At the start of every meeting with a prisoner they would say “I work for the state, nothing you say is confidential and it can be used against you” - they still had prisoners confess to crimes they weren’t charged with, name accomplices, and tell where the loot was hidden.
The doctor is a professional Engineers don’t put extra wings on airplanes because the client asks. Lawyers don’t throw unsubstantiated allegations in their pleadings because the client asks. Accountants don’t change the balance sheet because the client asks. And doctors don’t prescribe unnecessary medications or vitamins because the client asks. For most people with normal health and a relatively balanced diet, nutritional supplements are medically unnecessary. They may make the user feel better through the placebo affect but doctors prescribe things that are necessary, not things the patient wants but doesn’t need. You can sue a doctor if they are negligent. One sure sign of negligence is if they adopt the treatment plan proposed by the patient without applying their professional judgement.