Case Preview: James-Bowen & Ors v Commissioner of the Police for the Metropolis – UK Supreme Court Blog

‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’

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UK Supreme Court Blog, 3rd April 2018

Source: ukscblog.com

Police to be investigated over search for Gaia Pope after she raised fears about sex attacker’s release – Daily Telegraph

Posted April 9th, 2018 in duty of care, missing persons, news, police by tracey

‘The way in which police handled the disappearance of teenager Gaia Pope is to be investigated by the police watchdog.’

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Daily Telegraph, 6th April 2018

Source: www.telegraph.co.uk

Duty of Care Owed by the MoJ to Serving Prisoners Limited to Matters Arising out of their Custody – Zenith Chambers

Posted March 20th, 2018 in duty of care, human rights, Ministry of Justice, news, prisons by sally

‘In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’

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Zenith Chambers, 2nd March 2018

Source: www.zenithchambers.co.uk

Law firm that should have warned property investor clients of “Mafia risk” fails in Supreme Court bid – Legal Futures

‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

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Legal Futures, 9th March 2018

Source: www.legalfutures.co.uk

Worboys and Ullah: Do UK Courts have to follow Strasbourg to the letter? – UK Human Rights Blog

Posted March 5th, 2018 in appeals, duty of care, human rights, judgments, news, Supreme Court, treaties by tracey

‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’

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UK Human Rights Blog, 2nd March 2018

Source: ukhumanrightsblog.com

Duty of care owed by the MOJ to serving prisoners limited to matters arising out of their custody – Zenith PI

Posted March 5th, 2018 in duty of care, health, human rights, medical treatment, negligence, news, prisons by tracey

‘Benius Razumas v Ministry of Justice [2018] EWHC 215 (QB): In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’

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Zenith PI, 2nd March 2018

Source: zenithpi.wordpress.com

Police liability for failures in criminal investigations – UK Police Law Blog

Posted February 23rd, 2018 in duty of care, news, police, prosecutions, sexual offences, victims by tracey

‘The hits for the police keep on coming. The decision in Commissioner of the Metropolis v (1) DSD (2) NBV [2018] UKSC 11 confirms that the police can be liable in proceedings for a breach of article 3’s prohibition on inhuman and degrading treatment (and possibly article 4’s prohibition on slavery) where they fail to perform an adequate criminal investigation into alleged serious ill-treatment.’

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UK Police Law Blog, 22nd February 2018

Source: ukpolicelawblog.com

Psychiatrist suspended for 12 months after man drowned in epileptic fit – The Guardian

‘A senior psychiatrist has been suspended for 12 months following the death of a vulnerable teenager who suffered an epileptic fit and drowned in a bath at an NHS care unit.’

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The Guardian, 21st February 2018

Source: www.theguardian.com

Law Pod UK Ep.23: Lawsuits against the police for arrest operations – 1 COR

Posted February 15th, 2018 in appeals, duty of care, emergency services, news, police, Supreme Court by sally

‘The Supreme Court’s ruling on police tactics may have implications for other emergency services, as Isabel McArdle explains to Rosalind English.’

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Law Pod UK, 14th February 2018

Source: audioboom.com

Coroner criticises hospital failings and busy A&E department over death of rape victim who overdosed on diet pills – Daily Telegraph

Posted February 15th, 2018 in drug abuse, duty of care, hospitals, inquests, mental health, negligence, news, victims by sally

‘A coroner has criticised hospital failings in an overwhelmed A&E department over the death of rape victim who overdosed on diet pills.’

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Daily Telegraph, 14th February 2018

Source: www.telegraph.co.uk

It’s a fair cop: Supreme Court clarifies scope of duties of care owed by police – UK Human Rights Blog

Posted February 12th, 2018 in appeals, duty of care, negligence, news, personal injuries, police, Supreme Court by tracey

‘Robinson (Appellant) v Chief Constable of the West Yorkshire Police (Respondent) [2018] UKSC 4. The Supreme Court has made a significant decision on the question of the scope of the common law duty of care owed by police when their activities lead to injuries being sustained by members of the public. It has long been the case that a claim cannot be brought in negligence against the police, where the danger is created by someone else, except in certain unusual circumstances such as where there has been an assumption of responsibility.’

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UK Human Rights Blog, 12th February 2018

Source: ukhumanrightsblog.com

Megan Bannister: Friend calls for ‘duty to help’ law – BBC News

Posted December 11th, 2017 in drug abuse, duty of care, homicide, legislation, medical treatment, news by sally

‘The best friend of a teenager who died after taking drugs has called for a law to oblige people to seek help for someone they know is dangerously ill.’

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BBC News, 11th December 2017

Source: www.bbc.co.uk

Autumn Newsletter – Falcon Chambers

– Prescriptive easements – a glass half-full: out with the negative; in with the positive 10

– Keeping the Title Clean: Unwanted Notices and Restrictions 12

– Estoppel in Pre-Contractual Negotiations 15

– The Curse of the Freebie 17

– Voidable and no Mistake 20

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Falcon Chambers, November 2017

Source: www.falcon-chambers.com

Supreme Court: local authority ‘vicariously liable’ for abuse of child in foster care – OUT-LAW.com

‘A local authority has been held vicariously liable for the abuse of a woman by two sets of foster parents she was placed with as a child, despite not being negligent in its selection or supervision of the foster parents.’

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OUT-LAW.com, 20th October 2017

Source: www.out-law.com

Lucy Eastwood – “A law on the move: Are Local Authorities vicariously liable for abuse committed by foster parents against children in their care?” – UK Human Rights Blog

‘The law of vicarious liability is on the move” proclaimed Lord Phillips in the last judgment he delivered as President of the Supreme Court: Various Claimants v Catholic Child Welfare Society [2012] UKSC 56, (“the Christian Brothers case”). In a judgment recently handed down by the Supreme Court in the case of Armes (Appellant) v Nottinghamshire County Council (Respondent) [2017] UKSC 60, His Lordship has been proved correct.’

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UK Human Rights Blog, 23rd October 2017

Source: ukhumanrightsblog.com

Supreme Court to consider if NHS in breach over man who left A&E before triage – Local Government Lawyer

Posted October 12th, 2017 in appeals, duty of care, health, hospitals, medical treatment, news, Supreme Court by sally

‘The Supreme Court has agreed to hear an appeal over a Court of Appeal ruling that the NHS was not in breach of its duty when a man left an accident and emergency department and subsequently suffered brain damage.’

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Local Government Lawyer, 10th October 2017

Source: www.localgovernmentlawyer.co.uk

Contaminated blood scandal: Victims win right to seek damages after thousands infected in 1970s and 80s – The Independent

‘Victims of the contaminated blood scandal in the 1970s and 80s have won the right to launch a High Court action for damages.’

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The Independent, 26th September 2017

Source: www.independent.co.uk

IPCC: police had series of chances to help man who died after arrest – The Guardian

Posted September 21st, 2017 in complaints, death in custody, duty of care, mental health, news, police, reports by sally

‘Police missed a string of opportunities to help a young man with mental health problems who died after he was restrained by officers, locked up in a van on a hot night and then left naked in a cell, a watchdog has said.’

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The Guardian, 21st September 2017

Source: www.theguardian.com

NHS trust ‘truly sorry’ about death of teenager Connor Sparrowhawk – The Guardian

‘An NHS trust has said it is “truly sorry” about the death of a teenager with epilepsy who drowned in a bath while in its care, after it admitted failings.
Southern Health trust pleaded guilty to breaching health and safety law in the case of Connor Sparrowhawk, who had a seizure and drowned in a bath in an NHS care unit in Oxford in 2013.’

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The Guardian, 18th september 2017

Source: www.theguardian.com

MoD paid £750,000 on legal fees denying responsibility for soldier deaths – The Guardian

Posted September 12th, 2017 in armed forces, compensation, duty of care, fees, government departments, negligence, news by tracey

‘The UK government spent more than £750,000 on lawyers’ fees trying to deny responsibility for the deaths of soldiers killed in lightly armoured Snatch Land Rovers, a freedom of information request has revealed.’

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The Guardian, 12th September 2017

Source: www.theguardian.com