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Additional info for CIMA Learning System Fundamentals of Ethics, Corporate Governance and Business Law: New syllabus (CIMA Certificate Level 2008)
In Alcock v. Chief Constable of South Yorkshire Police (1991), one of a number of cases arising from the Sheffield football disaster where many spectators were killed, an action was brought by relatives of the victims, who saw the tragedy from a distance or on live television. They all suffered nervous shock, and sued the police for negligence. These actions failed. In Sutradhar v. Natural Environment Research Council (2004) the claimant along with numerous other persons had been poisoned as a result of drinking contaminated water.
One example is Home Office v. Dorset Yacht Co. Ltd (1970), where some ‘Borstal’ boys (youngsters who had been criminally convicted, were working on an island under Home Office supervision. Some boys escaped and damaged the claimant’s yacht. The House of Lords said that the Home Office could be liable for negligence. ’ It had already been made clear in Bourhill v. Young (1942) (see below) that the rule could apply to cases where the claimant only suffered nervous shock as opposed to other physical harm, and in Hedley Byrne v.
Obiter dicta are other comments that he will make for example, regarding general principles of law or hypothetical situations. The importance of a previous case can depend to a substantial extent upon whether it becomes a binding or merely a persuasive precedent. A binding precedent is one which a later court must follow. The court is legally bound to do so. A later court may (and usually will) follow a persuasive precedent, but it is not bound to do so. The rule today basically is that previous decisions of a higher court are binding on lower courts in future cases.