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

Internet scams to be included in UK online safety bill – The Guardian

‘Measures to protect people from internet scams will now be included in proposed online safety laws, the government has said.’

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The Guardian, 8th March 2022

Source: www.theguardian.com

Failure to remove’ claims: some further developments – Local Government Lawyer

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Rattan v Hughes – Case Note – Old Square Chambers

‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’

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Old Square Chambers, 4th February 2022

Source: oldsquare.co.uk

Identifying and Proving Breach of Duty Relating to Ambulance Response Time – Ropewalk Clinical Negligence Blog

Posted February 7th, 2022 in causation, chambers articles, delay, duty of care, hospitals, news by tracey

‘When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response.

The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an expectation is rarely met. Thankfully, in the vast majority of cases the timing of the arrival of the paramedic is of no real consequence. More important to outcome can be what happens once the paramedic alights from the ambulance and attends to the patient, how long it takes from that point until admission to A&E or the unit to which the patient is taken for necessary specialist care. These latter issues can all have a bearing on the timing, the quality and the nature of care received by the patient.’

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Ropewalk Clinical Negligence Blog , 3rd February 2022

Source: www.ropewalk.co.uk

Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer

Posted February 7th, 2022 in accidents, appeals, duty of care, local government, news, road safety, roads, trespass by tracey

‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Public bodies not generally liable for ‘merely acting ineffectually’, CoA rules – Law Society’s Gazette

Posted January 20th, 2022 in accidents, duty of care, news, police, road traffic by tracey

‘Public authorities do not generally owe a duty of care “where it has intervened but has done so ineffectually” in a way which fails to confer a benefit rather than “making matters worse”, the Court of Appeal ruled today.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Government breached duty over solicitor-judge’s disability struggles – Law Society’s Gazette

‘The government has been criticised by an employment tribunal for a “lack of coordination and pre-planning” that resulted in a solicitor-judge bringing a disability discrimination challenge against the justice secretary over her struggles to secure reasonable adjustments.’

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Law Society's Gazette, 17th January 2022

Source: www.lawgazette.co.uk

‘Trove of racial hatred’ exposed by investigation into online platforms – The Independent

Posted January 12th, 2022 in duty of care, hate crime, internet, news, racism, statistics by tracey

‘Tech giants have come under fresh fire after an investigation exposed hundreds of thousands of hate profiles online.’

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The Independent, 12th January 2022

Source: www.independent.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

‘Failure to remove’ claims in the High Court – Local Government Lawyer

‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

Court allows part of negligence claim against firm to go to trial – Legal Futures

‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’

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Legal Futures, 1st November 2021

Source: www.legalfutures.co.uk

Frances Haugen to testify to MPs about Facebook and online harm – The Guardian

Posted October 25th, 2021 in bills, bullying, duty of care, fines, harassment, internet, news, whistleblowers by tracey

‘The Facebook whistleblower is to give evidence to MPs and peers scrutinising the online safety bill, amid calls for a toughening up of the landmark legislation.’

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The Guardian, 25th October 2021

Source: www.theguardian.com

Regulations and guidance issued on support councils must give domestic abuse victims – Local Government Lawyer

‘The Government has published new regulations and guidance setting out the level of support councils are required to provide to domestic abuse victims who need to escape home.’

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Local Government Lawyer, 5th October 2021

Source: www.localgovernmentlawyer.co.uk