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8 Jul 2010, 2:14 am by sally
A v East Sussex County Council and another [2010] EWCA Civ 743; [2010] WLR (D) 171 “Even where emergency powers were obtained under s 44 of the Children Act 1989 or exercised under s 46 of the 1989 Act to remove a child from the risk of harm, least interventions were best. [read post]
4 Mar 2010, 2:28 am by sally
Regina v Upper Bay Ltd [2010] WLR (D) 60 “The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility. [read post]
28 Jan 2011, 3:04 am by traceydennis
Yemshaw v Hounslow London Borough Council [2011] UKSC 3; [2011] WLR (D) 18  ” ‘Domestic violence’ in section 177(1) of the Housing Act 1996 included physical violence, threatening or intimidating behaviour and any other form of abuse which, directly or indirectly, might give rise to the risk of harm. [read post]
17 Mar 2008, 2:32 am
Smith v Chief Constable of Sussex Police Court of Appeal “While it was not reasonable to expect the police to answer in damages to every individual whose life or health might have been spared or saved by more competent police work, where someone's life or safety had been so firmly placed in their hands as to make it incumbent on them to take at least elementary steps to protect it, unexcused neglect to do so could sound in damages if harm resulted. [read post]
21 Sep 2021, 3:06 pm by Tom Smith
Arguments for restricting disinformation consistently focus on the harm that such speech can potentially cause, without analyzing other issues that should be considered before concluding that censorship is justified. [read post]
7 Mar 2007, 12:23 pm
Jack Balkin in this post neatly cuts right to what I think is the interesting question at the heart of the Court's pending Establishment Clause case, Hein v. [read post]
13 Jul 2022, 10:36 am by Florian Mueller
" Here, however, the appeals court believes that "The district court did not clearly err in determining that Thales’ evidence of harm was conclusory and that it failed to meet its burden of establishing likely irreparable harm. [read post]
4 Jun 2017, 9:24 am
Blahuta, Liability for harms caused in utero: new technologies, new problems [read post]
21 Jun 2009, 6:19 am
Federal Rule of Evidence 407 states that When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent... [read post]