Jurisdiction: s. 204 appeals – Nearly Legal

‘Adesotu v Lewisham LBC Case No E40CL183, a decision of HHJ Luba on preliminary issues handed down on 8th February 2019, is so going to the Court of Appeal that the judge (having been satisfied that Ms Adesotu and her household would continue to be accommodated by Lewisham) invited Counsel to agree the route to enable it to get there.’

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Nearly Legal, 12th February 2019

Source: nearlylegal.co.uk

Police and NHS not liable to victim’s children in negligence or breach of human rights – UK Police Law Blog

‘In Griffiths v (1) Chief Constable of Suffolk (2) Suffolk NHS Foundation Trust [2018] EWHC 2538 (QB), the High Court dismissed claims that the Chief Constable and the NHS Trust were negligent in breaching their duties of care or had breached human rights.’

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UK Police Law Blog, 24th January 2019

Source: ukpolicelawblog.com

Former soldier who contracted Q fever in Afghanistan sues MoD – The Guardian

Posted January 21st, 2019 in Afghanistan, armed forces, duty of care, news by tracey

‘A former soldier is suing the Ministry of Defence over its failure to protect him from contracting Q fever in Afghanistan.

It is the first case to test the MoD’s duty to protect against Q fever, according to Hilary Meredith Solicitors, acting for Bass. The five-day trial, starting at Central London county court on Monday, will examine the extent of any duty owed by the army to Bass in relation to Q fever, and whether that duty was breached.’

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The Guardian, 21st January 2019

Source: www.theguardian.com

With friends like these…Burgess v Lejonvarn: Christmas cheer for construction professionals – Practical Law: Construction Blog

Posted December 20th, 2018 in appeals, budgets, construction industry, contracts, costs, duty of care, news by tracey

‘As we all get into the festive spirit you may well find yourself chatting to family or friends about their latest project. Some may ask for your opinion or advice. But don’t get carried away; remember the cautionary tale of Burgess v Lejonvarn before offering any free advice.’

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Practical Law: Construction Blog, 18th December 2018

Source: constructionblog.practicallaw.com

Inadequate risk assessment leads to liability being established: Chisolm -v- Hankins considered – Zenith PI

Posted December 20th, 2018 in duty of care, health & safety, news, statutory duty by tracey

‘In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer. The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013.’

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Zenith PI, 18th December 2018

Source: zenithpi.wordpress.com

Kingsley Burrell family call for inquiry after sacking of police officer – The Guardian

‘The family of Kingsley Burrell, who died in police custody in 2011, have renewed their calls for a public inquiry after one of the officers involved was sacked for lying about the events leading to the death, as well as failing in his duty of care.’

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The Guardian, 18th December 2018

Source: www.theguardian.com

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