Seven years on from Winterbourne View, why has nothing changed? – The Guardian

Posted May 30th, 2018 in care homes, duty of care, learning difficulties, news by sally

‘This week is the seventh anniversary of BBC Panorama’s exposure of the systematic abuse of people with learning disabilities at Winterbourne View hospital in Gloucestershire.’

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The Guardian, 30th May 2018

Source: www.theguardian.com

Jacob Eisler: Robinson v. Chief Constable of West Yorkshire Police, 2018 UKSC 4 – UK Constitutional Law Association

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

‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’

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UK Constitutional Law Association, 14th May 2018

Source: ukconstitutionallaw.org

Court of Appeal: No duty of care on council to control roadside vegetation – Litigation Futures

Posted May 14th, 2018 in duty of care, local government, news, roads, trees by sally

‘The Court of Appeal has rejected an attempt by a cyclist to impose a duty of care on central or local government to prevent roadside vegetation from impairing visibility for road users, saying there would “potentially serious and costly consequences” in doing so “for very little practical gain”.’

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Litigation Futures, 9th May 2018

Source: www.litigationfutures.com

Council defeats Court of Appeal challenge over road accident and vegetation – Local Government Lawyer

Posted May 10th, 2018 in appeals, duty of care, local government, news, road safety, roads by sally

‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’

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Local Government Lawyer, 9th May 2018

Source: www.localgovernmentlawyer.co.uk

Child slavery victim sues Home Office after sexual assault at Morton Hall – The Guardian

‘A Vietnamese victim of child slavery has launched legal proceedings against the government after he was sexually assaulted at Morton Hall immigration removal centre, the Guardian can reveal.’

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The Guardian, 7th May 2018

Source: www.theguardian.com

Can you run in school? – The duty of care owed to school children after Pook v Rossall – Zenith PI

Posted April 27th, 2018 in duty of care, news, personal injuries, school children, teachers by tracey

‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’

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Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

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