Royal Marines to fight MoD in court in asbestos claim – BBC News

‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’

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BBC News, 12th February 2024

Source: www.bbc.co.uk

Housing and Children Act – homeless 17 year olds – Nearly Legal

Posted January 15th, 2024 in children, duty of care, families, homelessness, housing, local government, news by tracey

‘A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and “looked-after children”.’

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Nearly Legal, 14th January 2024

Source: nearlylegal.co.uk

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

High Court allows judicial review against council over failure to support child trafficking victim – Local Government Lawyer

‘The High Court has ruled that the London Borough of Barnet failed to meet its duties towards a victim of child trafficking after he received no specialist support from either the council or the Home Office for several years.’

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Local Government Lawyer, 21st December 2023

Source: www.localgovernmentlawyer.co.uk

‘The law needs to catch up on student mental health’ Published 8 hours ago – BBC News

Posted December 11th, 2023 in bereavement, duty of care, families, mental health, news, suicide, universities by tracey

‘A court case this week could change the way universities are expected to look after their students – including their mental health.’

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BBC News, 11th December 2023

Source: www.bbc.co.uk

Lord Sales, Exploring the Interface Between the Common Law of Tort and Statute Law – Supreme Court

Posted December 4th, 2023 in duty of care, judges, news, personal injuries, Supreme Court by tracey

‘Annual Richard Davies Lecture for the Personal Injuries Bar Association, 29 November 2023.’

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Supreme Court, 29th November 2023

Source: www.supremecourt.uk

Court awards £50,000 in damages against council over home that was unfit for human habitation – Local Government Lawyer

Posted December 4th, 2023 in damages, duty of care, housing, landlord & tenant, local government, news, repairs by tracey

‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’

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Local Government Lawyer, 4th December 2023

Source: www.localgovernmentlawyer.co.uk

High court to consider whether universities owe students legal duty of care – The Guardian

‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’

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The Guardian, 20th November 2023

Source: www.theguardian.com

BBC reaches settlement with murdered girl’s mother over clothes lost by Martin Bashir – BBC News

Posted October 9th, 2023 in BBC, bereavement, children, DNA, duty of care, families, forensic science, media, murder, news by sally

‘The BBC has reached a settlement with a woman who said Martin Bashir had borrowed but failed to return her murdered daughter’s clothes.’

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BBC News, 6th October 2023

Source: www.bbc.co.uk

Measured duty of care – St John’s Chambers

Posted October 4th, 2023 in boundaries, chambers articles, duty of care, news, party walls by sally

‘Brittany Pearce, Real Estate barrister was recently involved in a dispute between neighbours concerning her client’s retaining wall, which was in disrepair and required replacement. The cost of replacing the wall with a stronger wall which didn’t encroach further on to either party’s driveway was estimated to be £25,000. The parties couldn’t agree why the wall required replacement or who should bear the cost and litigation ensued. By the end of proceedings, the parties had spent around £160,000 on legal fees and disbursements. In this article Brittany will discuss the measured duty of care as well as her thoughts on dealing with these claims in a proportionate manner.’

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St John's Chambers, 5th September 2023

Source: www.stjohnschambers.co.uk

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

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Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

Case Note on the Supreme Court case of R (Maguire) v The Coroner for Blackpool & Fylde [2023] UKSC 20 – 2 Hare Court

‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’

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2 Hare Court, 30th June 2023

Source: www.2harecourt.com

Do the police owe potential victims a duty to warn? – Law Pod UK

Posted July 5th, 2023 in crime prevention, duty of care, news, podcasts, police, victims by sally

‘Traditionally, courts have declined to impose this liability, believing it would lead to defensive policing. A recent High Court ruling appears to have changed all that. Listen to Rosalind English in discussion with Conor Monaghan of 5 Essex Court on this decision with serious implications for all public authorities.’

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Law Pod UK, 5th July 2023

Source: audioboom.com

Demised property, the Occupiers Liability Act 1957 and PI claims – Local Government Lawyer

‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’

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Local Government Lawyer, 30th June 2023

Source: www.localgovernmentlawyer.co.uk

Coroner criticises Betfair for failing to act before man’s suicide – The Guardian

Posted July 3rd, 2023 in coroners, duty of care, gambling, mental health, news, suicide by tracey

‘A coroner has criticised a betting operator for failing to intervene over a high volume of bets made by a problem gambler before he took his own life, the first verdict of its kind.’

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The Guardian, 29th June 2023

Source: www.theguardian.com

Bilal: The Court of Appeal Considers the Application of Bolam in Montgomery Consent Case – Ropewalk Clinical Negligence Blog

Posted June 26th, 2023 in appeals, chambers articles, doctors, duty of care, news, personal injuries by tracey

‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’

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Ropewalk Clinical Negligence Blog, 14th June 2023

Source: ropewalk.co.uk

A common law duty of care to issue an Osman warning? – UK Human Rights Blog

Posted June 13th, 2023 in causation, domestic violence, duty of care, negligence, news, police by sally

‘What such an exceptional case might look like has remained a matter of speculation. Until now. On 9 May Ritchie J handed down judgment in Woodcock v Chief Constable of Northamptonshire [2023] EWHC 1062 (KB), which, if it remains good law, is likely to have a significant impact upon the law concerning the liability of the police in the tort of negligence.’

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UK Human Rights Blog, 12th June 2023

Source: ukhumanrightsblog.com

UK parliament to debate university statutory duty of care towards students – OUT-LAW.com

‘As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.’

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OUT-LAW.com, 19th May 2023

Source: www.pinsentmasons.com

Work-related suicide probe call after death of head teacher Ruth Perry – BBC News

‘Every work-related suicide should be investigated by the Health and Safety Executive, experts have said, in the wake of the death of a head teacher following an Ofsted inspection.’

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BBC News, 22nd May 2023

Source: www.bbc.co.uk

High Court dismisses legal challenge over government failure to implement Care Act system for appeals against care and support decisions – Local Government Lawyer

Posted April 28th, 2023 in appeals, duty of care, judicial review, local government, news, social services by tracey

‘A High Court judge has rejected a judicial review challenge to the Secretary of State for Health and Social Care’s decision not to make regulations for appeals against local authority decisions under Part 1 of the Care Act 2014.’

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Local Government Lawyer, 27th April 2023

Source: www.localgovernmentlawyer.co.uk