Orphan criticises Liverpool council’s ‘token’ compensation – BBC News

Posted November 3rd, 2015 in children, compensation, duty of care, news, social services by sally

‘A man who received compensation after being failed by Liverpool social services as an orphaned child has said the award was a “token gesture”.’

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BBC News, 2nd November 2015

Source: www.bbc.co.uk

Professional Negligence: Let the Client Decide what matters – 36 Bedford Row Property Blog

‘The High Court has given a reminder of the important qualification to the general principle that a lawyer, or licensed conveyancer, is not obliged to undertake investigations that are not expressly or impliedly requested by the client. The principle is subject to the qualification that: if in fact a solicitor acquires information that may be of importance to a client; then it is the duty of the solicitor to bring that information to the attention of the client. It is the client who decides whether the information is important; the lawyer should not presume to make that decision. Failing to consider information, to advise the client or even pass on such information to the client can be costly. It is safer to communicate too much rather than too little.’

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36 Bedford Row Property Blog, 27th October 2015

Source: www.36property.co.uk

Did MoD owe marine duty of care? – Law Society’s Gazette

Posted August 4th, 2015 in armed forces, duty of care, news, personal injuries by sally

‘Spencer Vaughan was a Royal Marine taking part in an adventure training exercise in Gran Canaria. On the last day of the trip, his supervisor, Corporal Sanders told Spencer and his colleagues that they were free to do what they wanted until about 1.30pm. While visiting a tourist beach, Vaughan executed a shallow dive into the sea. At trial, he said that he had struck a sand bar. As a result he sustained a fracture of the cervical spine, which resulted in incomplete tetraplegia.’

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Law Society’s Gazette, 3rd August 2015

Source: www.lawgazette.co.uk

MPs to debate children’s carbon monoxide deaths in Corfu hotel – The Guardian

‘The deaths of two children from carbon monoxide poisoning while on holiday in Corfu will be debated in parliament next week.’

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The Guardian, 12th July 2015

Source: www.guardian.co.uk

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) – WLR Daily

Posted June 30th, 2015 in accountants, appeals, contracts, damages, duty of care, law reports, loans, negligence by sally

Swynson Ltd v Lowick Rose LLP (in liquidation) (formerly Hurst Morrison Thomson LLP) [2015] EWCA Civ 629; [2015] WLR (D) 278

‘In a claim resulting from negligent advice the damages were not to be reduced to reflect a repayment to the claimant of debt made pursuant to a refinancing where such transaction, while arising because of the relevant breach of duty, did not arise in the ordinary course of business.’

WLR Daily, 25th June 2015

Source: www.iclr.co.uk

No duty of care to disclose to pregnant daughter father’s genetic disease – High Court – UK Human Rights Blog

‘In short, in 2007 the claimant’s father (‘F’) shot and killed the claimant’s mother. He was convicted of manslaughter on grounds of diminished responsibility and detained at a hospital run by the second defendant. In 2009 St George’s Hospital diagnosed him as suffering from Huntington’s disease.’

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UK Human Rights Blog, 20th May 2015

Source: www.ukhumanrightsblog.com

Brain damaged boy awarded £13m payout from Walsall Manor Hospital – BBC News

Posted May 12th, 2015 in birth, compensation, duty of care, hospitals, news by tracey

‘A boy who suffered brain damage at birth has been awarded a £13m-compensation package. The 11-year-old will always have the mind of a six-year-old after his abnormally low sugar levels were not treated, following his birth at Walsall Manor Hospital, West Midlands, in 2003.’

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BBC News, 12th May 2015

Source: www.bbc.co.uk

No duty of care in allocation decisions – Nearly Legal

Posted April 7th, 2015 in duty of care, health, housing, news, striking out by sally

‘Can a council’s failure to carry out its responsibilities under its allocation scheme be the subject of a claim in breach of duty of care? This was the hearing of the Defendant’s application to strike out a claim on exactly that issue.’

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Nearly Legal, 4th April 2015

Source: www.nearlylegal.co.uk

Yarl’s Wood migrant ‘can sue government over prescribed drug’ – BBC News

‘A migrant who claims her psychosis was triggered by medication given to her at Yarl’s Wood Immigration Removal Centre is to be allowed to sue the government.’

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BBC News, 1st April 2015

Source: www.bbc.co.uk

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) – Supreme Court

Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11 (YouTube)

Supreme Court, 11th March 2015

Source: www.youtube.com/user/UKSupremeCourt

Two key legislative reforms to Personal Injury law due – Cloisters

Posted March 17th, 2015 in duty of care, inducements, legislation, negligence, news, personal injuries by sally

‘Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015, were given royal assent on 12 February 2015 and are expected to come into force in April 2015.’

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Cloisters, 19th February 2015

Source: www.cloisters.com

Just like that! – New Square Chambers

Posted March 17th, 2015 in company law, duty of care, insolvency, news, winding up by sally

‘The recent decision of Mr Justice Edis in DavisonSebry v Companies House and the Registrar of Companies [2015] EWHC 115 (QB) has highlighted how, in the interconnected age of the internet, the careless click of a mouse button can have incredibly far-reaching consequences and abruptly destroy the business of a successful company. The unusual facts would suggest that further cases against the Registrar (against whom judgment was entered) would be unlikely, not least because the reporting procedures are bound to be tightened up.’

Full story (PDF)

New Square Chambers, February 2015

Source: www.newsquarechambers.co.uk

Court of Appeal rules on police duty to suspects in detention – UK Human Rights Blog

‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’

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UK Human Rights Blog, 27th February 2015

Source: www.ukhumanrightsblog.com

Personal injury: duty of care – Law Society’s Gazette

‘In December the High Court gave judgment in NA v Nottinghamshire County Council [2014] EWHC 4005 (QB). The claimant (who was born in 1977) said that while in her mother’s care she had suffered physical and emotional abuse, and that the defendant local authority had failed in their common law duty of care by failing either to remove her or protect her from the abuse.’

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Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

Tottenham Hotspur liable for player brain damage – BBC News

Posted February 17th, 2015 in damages, duty of care, health, news, sport by sally

‘A High Court judge has ruled Tottenham Hotspur breached its duties to a 17-year-old player who suffered cardiac arrest in his first game for the club and was left brain damaged.’

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BBC News, 16th February 2015

Source: www.bbc.co.uk

Paramedic sentenced over Walsall Manor Hospital death – BBC News

‘A paramedic has been sentenced for failing in his duty after the death of a man who collapsed outside a hospital.’

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BBC News, 11th February 2015

Source: www.bbc.co.uk

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 10th, 2015 in domestic violence, duty of care, law reports, murder, negligence, police, Wales by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

When a duty of care does arise in tort – suing Companies House – UK Human Rights Blog

Posted February 9th, 2015 in bankruptcy, company law, compensation, duty of care, mistake, news, winding up by sally

‘Cases about whether someone owes a duty of care in tort can be surprisingly difficult to decide. Kate Beattie has just posted on the Michael case here, where no duty was held to arise, despite (it appears) the police control room being told by the doomed Ms Michael that her ex-boyfriend had just told her that he was just about to “fucking kill you”. He was as good as his word, within 20 minutes, and the family now sues the police. How much more direct can you be than that? And yet the family lost 5-2 in the Supreme Court.’

Full story

UK Human Rights Blog, 8th February 2015

Source: www.ukhumanrightsblog.com

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) – Supreme Court

Posted February 6th, 2015 in domestic violence, duty of care, human rights, law reports, negligence, police by sally

Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 (YouTube)

Supreme Court, 28th January 2015

Source: www.youtube.com/user/UKSupremeCourt

No Duty of Care Owed to Extremely Reckless Friend Using Dangerous Machinery: Ford v Silverstone (2015) (QBD) – Zenith PI Blog

Posted February 6th, 2015 in accidents, duty of care, news, personal injuries, volunteers by sally

‘A Defendant did not owe a duty of care to a Claimant who, while helping him clear the grounds of the property, had of his own accord, attempted to unblock a wood chipper while the engine was on and lost three of his fingers.’

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Zenith PI Blog, 5th February 2015

Source: www.zenith.wordpress.com