13/09/2021 – Current Awareness

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

Posted September 13th, 2021 in chambers articles, compensation, damages, dentists, duty of care, negligence, news, vicarious liability by tracey

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

The Online Safety Bill Part 2: Do these proposals go too far, leading to overzealous policing? – UK Human Rights Blog

Posted September 13th, 2021 in bills, freedom of expression, human rights, internet, news, police by tracey

‘This post is the second part of two posts on the draft Online Safety Bill. In my first post, here, I detailed the mechanics of the proposed bill in detail. This post will summarise some of the civil society responses since the publication of the draft bill, attempting an evaluation of how reasonable those responses are in light of the available information.’

UK Human Rights Blog, 11th September 2021

Source: ukhumanrightsblog.com

Lord Chancellor addresses the Cambridge Economic Crime Symposium – Ministry of Justice

Posted September 13th, 2021 in criminal justice, financial regulation, fraud, lord chancellor, Ministry of Justice, money laundering, speeches by tracey

‘The Lord Chancellor spoke during the 38th annual Symposium held at Jesus College, University of Cambridge – to give an update on the government’s progress and plans in relation to economic crime.’

Ministry of Justice, 10th September 2021

Source: www.gov.uk/government/organisations/ministry-of-justice

Another month, another immunity case. Another question ducked by the court? – Local Government Lawyer

Posted September 13th, 2021 in appeals, enforcement notices, housing, immunity, local government, news, planning by tracey

‘Roderick Morton analyses an appeal against a decision of an inspector to dismiss the appellant’s appeal against an enforcement notice issued by a council in respect of the unauthorised conversion of a property into two flats.’

Local Government Lawyer, 10th September 2021

Source: www.localgovernmentlawyer.co.uk

Service of documents in civil proceedings: A lesson in getting it right – Local Government Lawyer

Posted September 13th, 2021 in case management, civil procedure rules, documents, news, service, time limits by tracey

‘Lynsey Oakdene and Kathryn Vickers highlight a recent judicial review case in which the claim form was set aside because it was served late and the court declined to exercise its case management powers.’

Local Government Lawyer, 11th September 2021

Source: www.localgovernmentlawyer.co.uk

The Importance of Obtaining a Recognised Jewish Get when Jewish Couples Divorce and what more is being done to protect ‘chained’ wives – Family Law

Posted September 13th, 2021 in divorce, families, Judaism, news by tracey

‘Partner Lucy Greenwood & trainee Solicitor Feriha Tayfur update their review of Jewish divorces (“Get”) and potential solutions to family law practitioners and clients who need to ensure that a Jewish client obtains both a civil and religious divorce.’

Family Law, 9th September 2021

Source: www.familylaw.co.uk

Cheshire man sentenced for racist abuse of England players – Crown Prosecution Service

Posted September 13th, 2021 in Crown Prosecution Service, internet, malicious communications, news, racism, sentencing, sport by tracey

‘A Cheshire man has been sentenced for posting racist abuse about England players on the night of the Euro finals in July.’

Crown Prosecution Service, 8th September 2021

Source: www.cps.gov.uk

Plans to extend fixed costs are ‘fraught with danger’ – Law Society’s Gazette

Posted September 13th, 2021 in costs, Ministry of Justice, news by tracey

‘Fixed recoverable costs are being expanded – and despite opposition from lawyers who accuse the government of “shoe-horning” cases into a simpler system, the government appears unlikely to budge.’

Law Society's Gazette, 13th September 2021

Source: www.lawgazette.co.uk

‘Scandalous’ SRA delays in investigation of disciplinary cases – Law Society’s Gazette

Posted September 13th, 2021 in delay, disciplinary procedures, news, professional conduct, solicitors, Solicitors Regulation Authority by tracey

‘A renowned authority on regulating solicitors has today condemned “scandalous” delays in the investigation of disciplinary cases by the SRA. Greg Treverton-Jones QC, long-time co-author of The Solicitor’s Handbook, says solicitors can wait years for their cases to conclude, even where they are exonerated or only suffer a rebuke. In the meantime, they face the “appalling ordeal” of placing their professional lives on hold and in some cases can find themselves unemployable.’

Law Society's Gazette, 13th September 2021

Source: www.lawgazette.co.uk

Financial Remedy Update, September 2021 – Family Law Week

Posted September 13th, 2021 in divorce, domestic violence, families, financial dispute resolution, islamic law, marriage, news by tracey

‘Rose-Marie Drury, Principal Associate at Mills and Reeve, consider the important news and case law relating to financial remedies and divorce during August 2021.’

Family Law Week, 9th September 2021

Source: www.familylawweek.co.uk

Inquest delays: Three-year wait for answers over death of girl, 4 – BBC News

Posted September 13th, 2021 in bereavement, children, coronavirus, delay, inquests, Ministry of Justice, news, statistics by tracey

‘A mum whose four-year-old daughter died with sepsis says waiting more than three years for her inquest has added to her grief.’

BBC News, 12th September 2021

Source: www.bbc.co.uk

Bernadette Walker: Man jailed for life for murdering girl who called him her father – The Independent

Posted September 13th, 2021 in child abuse, families, imprisonment, murder, news, perverting the course of justice, sentencing, sexual offences, young persons by tracey

‘A man who murdered the teenage girl who called him her father has been sentenced to life in prison and must serve 32 years before he can be considered for release.’

The Independent. 11th September 2021

Source: www.independent.co.uk

Cressida Dick: Tech giants make it impossible to stop terrorists – BBC News

Posted September 13th, 2021 in computer programs, data protection, government departments, investigatory powers, news, police, privacy, telecommunications, terrorism by tracey

‘The Metropolitan Police commissioner has accused tech giants of making it harder to identify and stop terrorists.’

BBC News, 12th September 2021

Source: www.bbc.co.uk

Grenfell Inquiry: Government petition launched calling minister to examine discrimination role in fire – The Independent

Posted September 13th, 2021 in accidents, consultations, fire, government departments, housing, inquiries, local government, news, race discrimination by tracey

‘A government petition has been launched calling for an inquiry into the role of institutional discrimination in the Grenfell Tower fire. The petition is calling for an “independent, expertise-led and community-centred” inquiry into whether institutional racism, classism and/or discrimination against religion contributed to the events leading to the fire.’

The Independent, 11th September 2021

Source: www.independent.co.uk

Declan Jones: Community welcomes jailing of former police officer following attacks on Black men – The Independent

Posted September 13th, 2021 in assault, imprisonment, news, police, professional conduct, race discrimination, racism, sentencing by tracey

‘Campaigners have welcomed the jailing of a police officer who assaulted two Black people – including a child – as a positive step towards justice.’

The Independent, 11th September 2021

Source: www.independent.co.uk

Rapist paramedic Andrew Wheeler faced investigation in 2010 – BBC News

Posted September 13th, 2021 in abuse of position of trust, news, paramedics, professional conduct, rape, sexual offences by tracey

‘A paramedic convicted of raping a patient had been reported to police by an ambulance service nearly a decade before he was charged.’

BBC News, 13th September 2021

Source: www.bbc.co.uk

Government poised to water down ‘radical and necessary’ overhaul of England’s planning system, report suggests – The Independent

Posted September 13th, 2021 in bills, government departments, housing, local government, news, planning, political parties by tracey

‘The government is poised to abandon key elements of its “radical and necessary” overhaul of England’s planning laws – which ministers argued would “help us build the homes our country desperately needs” – following a backlash from Tory MPs and voters in the south, according to a report.’

The Independent, 11th September 2021

Source: www.independent.co.uk

Policing bill will deepen racial and gender disparities, say experts – The Guardian

Posted September 13th, 2021 in bills, criminal justice, equality, government departments, news, police, race discrimination, sex discrimination by tracey

‘A new policing bill that will be debated this week risks deepening racial and gender disparities in the justice system while forcing professionals to betray the trust of vulnerable people, hundreds of experts and a report have warned.’

The Guardian, 13th September 2021

Source: www.theguardian.com

Covid: Legal action begins over quarantine hotel rules – BBC News

Posted September 13th, 2021 in coronavirus, government departments, holidays, hotels, judicial review, law firms, news by tracey

‘A law firm representing travellers is taking the government to court over the UK’s quarantine hotel policy.’

BBC News, 13th September 2021

Source: www.bbc.co.uk

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