Bank’s solicitor “may have owed duty of care” to third party – Legal Futures

Posted January 16th, 2023 in appeals, banking, conveyancing, duty of care, land registration, news, solicitors by tracey

‘A bank’s solicitor may owe a duty of care to the seller of the property when filling in Land Registry paperwork to change the register, the Court of Appeal has ruled.’

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Legal Futures, 16th January 2023

Source: www.legalfutures.co.uk

Teenage girl awarded £25k compensation after assault at school – Local Government Lawyer

Posted January 6th, 2023 in assault, compensation, duty of care, news, school children, sentencing, sexual offences by tracey

‘A teenage girl has been awarded £25,000 in compensation after she suffered sexual assault at school by a boy who had been moved from another school where he was under police investigation for similar alleged criminal offences.’

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Local Government Lawyer, 6th January 2023

Source: www.localgovernmentlawyer.co.uk

Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog

‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’

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UKSC Blog, 4th January 2023

Source: ukscblog.com

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by tracey

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

Clangers: LPAs and duties of care – Local Government Lawyer

Posted November 11th, 2022 in causation, damages, duty of care, local government, negligence, news, planning by tracey

‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Council to pay £10k after Ombudsman investigation finds visually impaired woman left without support – Local Government Lawyer

Posted October 26th, 2022 in compensation, duty of care, local government, news, ombudsmen by sally

‘An investigation by the Local Government and Social Care Ombudsman has found that Leicestershire County Council left a visually impaired woman without the day-to-day support she needed for 21 months.’

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Local Government Lawyer, 25th October 2022

Source: www.localgovernmentlawyer.co.uk

Payout for sex abuse survivor who says Ellesmere College failed her – BBC News

‘A sex abuse survivor has been paid a substantial sum after claiming school staff failed to protect her when she was raped by her mother’s partner.’

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BBC News, 14th October 2022

Source: www.bbc.co.uk

Halfords manager suing company for £1m over alleged race discrimination – The Independent

Posted October 11th, 2022 in bullying, duty of care, news, race discrimination, unfair dismissal by tracey

‘One of the UK’s largest retailers is being sued for £1 million by a former employee for alleged racial discrimination, The Independent can reveal.’

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The Independent, 10th October 2022

Source: www.independent.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk

Student suicides: Parents seek law change to prevent deaths – BBC News

‘A group of parents whose children killed themselves at university are campaigning for a change in law to make the institutions more accountable. They want universities to have a legal duty of care towards their students, like schools already do.’

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BBC News, 7th October 2022

Source: www.bbc.co.uk

Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette

‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’

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Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk

Court of Appeal to consider crypto ‘duty of care’ – Law Society’s Gazette

Posted August 16th, 2022 in appeals, cryptocurrencies, duty of care, news by sally

‘The question of whether developers of cryptocurrencies and other blockchain-based assets owe a duty of care to investors in their products is to be examined in the Court of Appeal. Ruling last week in Tulip Trading v Van der Laan and Ors, Lady Justice Andrews granted permission for a Seychelles company owned by Dr Craig Wright, who claims to have invented the bitcoin digital currency to appeal a judgment by Mrs Justice Falk of 25 March denying jurisdiction over a claim for breach of fiduciary and tortious duties.’

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Law Society's Gazette, 15th August 2022

Source: www.lawgazette.co.uk

Tort claims for economic loss on construction projects – Avantage v WSP – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, duty of care, negligence, news by tracey

‘Construction claims usually arise out of a breach of contract, because it is easier to establish liability than under a tortious claim. However, where there is no contract or the contractual limitation period has expired, or a contracting party is insolvent or is uninsured, parties may have no choice but to bring a claim in tort.’

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Practical Law: Construction Blog , 14th June 2022

Source: constructionblog.practicallaw.com

Lord Reed, Donoghue v Stevenson – Supreme Court

‘Lord Reed, Donoghue v Stevenson – 90th Anniversary Conference.’

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Supreme Court, 6th June 2022

Source: www.supremecourt.uk

Challenge to Government policy of discharging hospital patients to care homes at start of pandemic partly upheld – UK Human Rights Blog

‘The High Court (Bean LJ and Garnham J) held in R (Gardner) v Secretary of State for Health [2022] EWHC 967 (Admin) that the Government’s March 2020 Discharge Policy and the April 2020 Admissions Guidance were unlawful to the extent that the policy set out in each document was irrational in failing to advise that where an asymptomatic patient (other than one who had tested negative) was admitted to a care home, he or she should, so far as practicable, be kept apart from other residents for 14 days.’

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UK Human Rights Blog, 3rd May 2022

Source: ukhumanrightsblog.com

Ombudsmen release joint guidance to tackle common mistakes in aftercare of mental health in-patients – Family Law

‘The Parliamentary and Health Service Ombudsman (PHSO) and the Local Government and Social Care Ombudsman (LGSCO) have released new guidance to tackle common and repeated mistakes seen in the aftercare of patients receiving support under the Mental Health Act.’

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Family Law, 5th May 2022

Source: www.familylaw.co.uk

Online safety: work needed to improve UK Bill – OUT-LAW.com

‘There is broad consensus that a greater degree of regulation of online content is necessary, but the aims of the proposed new Online Safety Bill in the UK could be undermined by a lack of clarity over the way the legislation is to be implemented and enforced.’

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OUT-LAW.com, 28th April 2022

Source: www.pinsentmasons.com

County council defends High Court claim brought after driver killed by falling tree – Local Government Lawyer

‘Hampshire County Council was not in breach of its duty, nor was it negligent when a tree fell onto a road killing a father of three, the High Court has ruled.’

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Local Government Lawyer, 29th April 2022

Source: www.localgovernmentlawyer.co.uk

Slipping Claims and Evidential Burdens – Ropewalk Chambers

‘The law in slipping cases is, in theory, settled and straightforward. One question that often arises in practice, however, is whether the defendant bears an evidential burden of proving that it had in place a proper and adequate system. It is a misconception that say that such a burden always arises in this context.’

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Ropewalk Chambers, 23rd March 2022

Source: www.ropewalk.co.uk

Judge lambasts parties’ animosity in latest ‘Dr Bitcoin’ ruling – Law Society’s Gazette

Posted March 30th, 2022 in cryptocurrencies, duty of care, jurisdiction, London, news by sally

‘Parties in the latest round of litigation involving a controversial claim to have originated the Bitcoin digital currency have been warned by a judge against using the courts as a vehicle for their animosity. Ruling in an application over the choice of London as a jurisdiction, Mrs Justice Falk also set out what was hailed as a landmark statement of the law relating to blockchain encryption technology.’

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Law Society's Gazette, 28th March 2022

Source: www.lawgazette.co.uk