On the spot: accidents at work – New Law Journal

‘A new guideline recently published by the Sentencing Council is likely to result in increased penalties for individuals responsible for fatal workplace accidents. Chris Newton reports.’

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New Law Journal, 7th December 2018

Source: www.newlawjournal.co.uk

Family Court judge raps council for “woeful” care of two young women – Local Government Lawyer

‘A Family Court judge has condemned a council’s care for two young women as “woeful” and said he was “appalled” by failures of social workers and managers.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Historic castle excluded from protection measures at risk from repeated flooding – Daily Telegraph

Posted December 10th, 2018 in duty of care, listed buildings, news, Wales by sally

‘Occupying a prime spot in the beautiful Conwy Valley the ancient castle of Gwydir boasts a reputation as one of the finest Tudor houses in Wales.’

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Daily Telegraph, 9th December 2018

Source: www.telegraph.co.uk

Architect who offered free advice about couple’s garden wins case after they tried to sue her for £265,000 – Daily Telegraph

Posted November 28th, 2018 in duty of care, news, volunteers by tracey

‘An architect who offered free help to her friends has won her case after they tried to sue her for £265,000 when the garden landscaping went wrong.’

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Daily Telegraph, 27th November 2018

Source: www.telegraph.co.uk

Woman who died in prison was left alone in cell after being found with ligatures around her neck, inquest finds – The Independent

‘“Deeply inadequate” prison procedures contributed to the death of a young woman who was left alone in her cell after being found with ligatures around her neck, an inquest has found.’

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The Independent, 20th November 2018

Source: www.independent.co.uk

Suitability and s.193 accommodation – Nearly Legal

Posted November 5th, 2018 in appeals, children, duty of care, housing, local government, news by sally

‘This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it became accommodation provided under s.193 HA 1996.’

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Nearly Legal, 4th November 2018

Source: nearlylegal.co.uk

Darnley v Croydon Health Services NHS Trust: Supreme Court confirms duty of care exists on non-medical A&E staff – Cloisters

‘In a unanimous judgment delivered on 10th October 2018, the Supreme Court reminded practitioners that there is no need to consider the Caparo v Dickman test in every case where the existence of a duty of care is in issue, and that judges must be careful not to conflate issues relevant to the existence of a duty with those relevant to whether or not the duty has been breached.’

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Cloisters, 18th October 2018

Source: www.cloisters.com

Poor healthcare in jails is killing inmates, says NHS watchdog – The Guardian

‘Almost half of England’s jails are providing inadequate medical care to inmates, whose health is being damaged by widespread failings, the NHS watchdog has told MPs in a scathing briefing leaked to the Observer.’

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The Guardian, 27th October 2018

Source: www.theguardian.com

Julian Cole: Three Bedfordshire Police officers sacked – BBC News

‘Three PCs involved in arresting a man left paralysed and brain-damaged have been sacked after being found guilty by a misconduct panel.’

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BBC News, 22nd October 2018

Source: www.bbc.co.uk

Duty to care for student mental health has legal implications for universities – OUT-LAW.com

‘Universities have a duty to support students with mental health issues, but there are a series of legal issues that they need to consider which should shape how they do so.’

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OUT-LAW.com, 17th October 2018

Source: www.out-law.com

Darnley v Croydon Health Services NHS Trust – Law Pod UK

‘In Darnley v Croydon NHS Trust [2018] UKSC 50 the Supreme Court has ruled that hospitals are liable for the actions and statements of their non-medical staff in A & E. Rosalind English discusses the implications of this judgment with Owain Thomas QC.’

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Law Pod UK, 15th October 2018

Source: audioboom.com

Supreme Court rules that hospital receptionist owes a duty of care to a patient — Owain Thomas QC – UK Human Rights Blog

‘The Supreme Court has unanimously allowed the appeal of Michael Darnley in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, holding that a hospital receptionist owed a duty of care to a patient at A&E, which was breached by providing him with incorrect information as to how long he was likely to have to wait before being seen or triaged.’

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UK Human Rights Blog, 11th October 2018

Source: ukhumanrightsblog.com

Supreme Court finds NHS trust liable for misleading info provided by receptionists – Local Government Lawyer

Posted October 12th, 2018 in duty of care, hospitals, medical treatment, news by sally

‘An NHS trust was liable for incomplete and misleading information provided by two receptionists in its accident and emergency department, the Supreme Court has ruled, overturning a Court of Appeal majority decision.’

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Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Scores of cases of alleged poor care on Shrewsbury and Telford Hospitals Trust maternity unit to be reviewed – The Independent

Posted September 20th, 2018 in birth, duty of care, hospitals, midwives, news by tracey

‘More than 100 cases of alleged poor care are reportedly set to be reviewed at a beleaguered maternity unit.’

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The Independent, 20th September 2018

Source: www.independent.co.uk

Pair face court martial over three deaths on SAS test march – The Guardian

Posted September 4th, 2018 in armed forces, courts martial, duty of care, health & safety, news by sally

‘A major in the British army and a former officer are facing trial by court martial over the deaths of three men who suffered fatal heat illness during an SAS test march in the Brecon Beacons in south Wales.’

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The Guardian, 3rd September 2018

Source: www.theguardian.com

999 calls: When do assurances of help give rise to a duty of care? – UK Police Law Blog

Posted July 31st, 2018 in duty of care, emergency services, news, police by sally

‘The working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. The judgment in Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) demonstrates that a more careful analysis is required. In this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care.’

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UK Police Law Blog, 27th July 2018

Source: ukpolicelawblog.com

Court dismisses claim duty of care is owed to employees in litigation – OUT-LAW.com

Posted July 30th, 2018 in duty of care, employment, news, police, Supreme Court, vicarious liability by sally

‘Employers do not owe their employees a duty of care in the way they defend claims that they are vicariously liable for actions of those employees, the UK Supreme Court has ruled.’

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OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Woman killed herself after series of NHS trust errors, jury finds – The Guardian

Posted July 26th, 2018 in duty of care, health, inquests, mental health, news, suicide, young persons by sally

‘A young woman with mental health problems killed herself after a series of major errors by the NHS trust that was looking after her, a jury at an inquest into her death has found.’

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The Guardian, 25th July 2018

Source: www.theguardian.com

Financial regulator mulls ‘duty of care’ and new damages regime – OUT-LAW.com

‘The FCA is seeking views on whether there is a need for a new customer “duty of care” or “fiduciary duty”, or whether the existing rules already provide sufficient protections for consumers. It is also seeking views on a new right for consumers to seek private damages against firms which have breached the new duty or the regulatory principles set out in the FCA Handbook, particularly the requirement to “treat customers fairly”.’

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OUT-LAW.com, 23rd July 2018

Source: www.out-law.com

Emergency services liable where responsibility is assumed and detrimental reliance has taken place – UK Human Rights Blog

Posted July 20th, 2018 in duty of care, emergency services, news, police, suicide by tracey

‘Sherratt v Chief Constable of Greater Manchester Police [2018] EWHC 1746 (QB) (16 July 2018). This was an appeal on a preliminary issue from the decision of David Berkeley QC, sitting as the Recorder below. The question was whether the defendant chief constable owed a duty of care to the claimant’s partner, who had committed suicide.’

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UK Human Rights Blog, 18th July 2018

Source: ukhumanrightsblog.com