Category: duty of care

A Capacitous Patient’s Consent to Medical Treatment is Still Fundamental, Even Where the Treatment Takes Place in Accident and Emergency – Zenith PI Blog

Posted January 27th, 2015 in appeals, consent, duty of care, hospitals, medical treatment, negligence, news by sally

‘In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her alternatives were.’

Full story

Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

Thwaytes v Sothebys – WLR Daily

Posted January 20th, 2015 in artistic works, auctioneers, duty of care, law reports, negligence by sally

Thwaytes v Sothebys [2015] EWHC 36 (Ch); [2015] WLR (D) 12

‘The standard of care imposed on an auction house where a person consigned a work of art for research and assessment was no greater than that owed to a person who consigned a work of art for sale.’

WLR Daily, 16th Janury 2015

Source: www.iclr.co.uk

Good Samaritan Law – BBC Unreliable Evidence

Posted January 15th, 2015 in crime, doctors, duty of care, homicide, negligence, news, nurses, volunteers by sally

‘Clive Anderson and guests ask why Britain, unlike many other countries in the world, has no general law which requires people to behave like good Samaritans, punishing those who fail to help others in trouble.’

Listen

BBC Unreliable Evidence, 14th January 2015

Source: www.bbc.co.uk

High Court: not “in best interests” of officer who used cocaine to sue police for psychiatric injury – Litigation Futures

Posted January 12th, 2015 in damages, drug abuse, duty of care, misfeasance in public office, news, police, psychiatric damage by sally

‘A High Court judge has said it was not in the “best interests” of a former undercover police officer who used cocaine “on more than one occasion” to sue his police force for psychiatric injury.’

Full story

Litigation Futures, 12th January 2015

Source: www.litigationfutures.co.uk

Yapp v Foreign and Commonwealth Office – WLR Daily

Posted December 2nd, 2014 in appeals, contract of employment, diplomats, disciplinary procedures, duty of care, law reports by sally

Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512; [2014] WLR (D) 501

‘The withdrawal, on operational grounds, of the claimant from his position in the diplomatic service as a British High Commissioner constituted a breach of his contract of employment by the Foreign and Commonwealth Office, but such a withdrawal was not a breach of the latter’s common law duty of care. The development of psychiatric illness suffered by the claimant in consequence of the withdrawal was too remote to foresee for a claim for compensation’

WLR Daily, 21st November 2014

Source: www.iclr.co.uk

Terminally ill woman sues over cancer diagnosis delay – BBC News

Posted November 25th, 2014 in cancer, delay, duty of care, health, news, Wales by sally

‘A terminally ill woman who claims a hospital did not treat her suspected cancer as urgent has launched legal action against a health board.’

Full story

BBC News, 24th November 2014

Source: www.bbc.co.uk

Insurance surgery: Stressing the point – New Law Journal

Posted November 3rd, 2014 in bullying, duty of care, employment, harassment, insurance, mental health, news, psychiatric damage by sally

‘Caroline Coates provides an update on claims for work-related stress.’

Full story

New Law Journal, 31st October 2014

Source: www.newlawjournal.co.uk

Ebola: When health workers’ duty to treat is trumped – BBC News

Posted October 30th, 2014 in doctors, duty of care, health, medical treatment, news, nurses, oaths, professional conduct by sally

‘The president of the World Bank has urged thousands of health workers to volunteer in the battle against Ebola, invoking their duty under their oath to help patients. But is there such an obligation? Medical ethicist Dr Daniel Sokol says we should expect some healthcare staff to refuse to go to work, wherever Ebola patients are being treated.’

Full story

BBC News, 29th October 2014

Source: www.bbc.co.uk

Court of Appeal: employer not in breach of duty of care by beginning disciplinary proceedings – OUT-LAW.com

Posted October 17th, 2014 in appeals, disciplinary procedures, duty of care, employment, news, universities by tracey

‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’

Full story

OUT-LAW.com, 16th October 2014

Source: www.out-law.com

No further action to be taken following the death of Andrew Pimlott – Crown Prosecution Service

Posted October 17th, 2014 in Crown Prosecution Service, duty of care, evidence, homicide, misfeasance in public office, police, press releases by tracey

‘Following the death of Andrew Pimlott in Plymouth in April 2013, the Crown Prosecution Service (CPS) has determined that there is insufficient evidence to prosecute a police constable for gross negligence manslaughter or misconduct in public office.’

Full press release

Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

Director of Public Prosecutions responds to Supreme Court on assisted suicide policy – Crown Prosecution Service

Posted October 17th, 2014 in appeals, assisted suicide, Crown Prosecution Service, doctors, duty of care, news, nurses, prosecutions, Supreme Court, victims by tracey

‘The Director of Public Prosecutions has today clarified the CPS Policy on cases of encouraging or assisting suicide in light of the recent comments of the Supreme Court in the case of Nicklinson and others.’

Full story

Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

‘NOWHERE FAST’ – In what circumstances might a bus driver be held liable to a passenger injured as a result of a fall on a bus? – Zenith PI Blog

Posted September 18th, 2014 in closed circuit television, duty of care, negligence, news, personal injuries, transport by tracey

‘Most personal injury practitioners will have had experience of dealing with a claim made by a passenger, injured as a result of falling whilst on a bus. Many such incidents result in relatively modest injuries. However, in some cases, particular those involving more elderly Claimants, quite significant and long-lasting injuries can be involved, and with associated ongoing claims for care and assistance. Given the multitude of CCTV cameras onboard such vehicles these days, Courts are often uncommonly well served in having before them good quality evidence of the occurrence and cause of the accident itself. Typically the cause is alleged to be the driver accelerating or braking more sharply than usual. In the latter case, the blame for emergency braking is often placed upon a third party vehicle; for example as a result of pulling out into the bus’ path.’

Full story

Zenith PI Blog, 17th September 2014

Source: www.zenithpi.wordpress.com

Bite Size RTA Case Law Update – Zenith Chambers

Posted August 7th, 2014 in accidents, duty of care, negligence, news, road safety, road traffic offences by sally

‘Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is important. Here I look at three very different recent cases. In Jade Christian v. South East London & Kent Bus Co.the court reiterated that appellate courts have to exercise the greatest restraint before overturning findings of fact made at first instance. In Gray v. Botwright the Court of Appeal went against the general principle that drivers are entitled to assume that no traffic will be crossing against a red light. In Gupta v. Armstrong & Anor a coach driver who was carefully executing a manoeuvre and failed to see a pedestrian who was trying to flag him down to board was not found to have been negligent to any degree.’

Full story (PDF)

Zenith Chambers, 22nd July 2014

Source: www.zenithchambers.co.uk

Fair or foul: sport and the law – Henderson Chambers

Posted August 7th, 2014 in dispute resolution, drug abuse, duty of care, negligence, news, personal injuries, sport, tribunals by sally

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

Full story (PDF)

Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog

Posted July 28th, 2014 in armed forces, duty of care, human rights, immunity, inquests, inquiries, Iraq, news by sally

‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’

Full story

UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

Legal duty over resuscitation orders – BBC News

Posted June 17th, 2014 in appeals, consultations, duty of care, hospital orders, hospitals, news by sally

‘Doctors have a legal duty to consult with and inform patients if they want to place a Do Not Resuscitate (DNR) order on medical notes, says the Court of Appeal in England.’

Full story

BBC News, 17th June 2014

Source: www.bbc.co.uk

Bone marrow disorder appeal fails – UK Human Rights Blog

Posted April 2nd, 2014 in appeals, consent, duty of care, medical treatment, medicines, news, standards by sally

‘This was an appeal against the finding by HHJ Robinson, sitting as a High Court Judge, that there was no duty of care owed to the appellant in respect of his rare genetic disorder ([2013] EWHC 469 (QB), [2013] Med. L.R. 191). See my previous post for the factual and medical background of the claim. Briefly, the appellant suffered from a rare genetic version of the platelet insufficiency disorder, aplastic anemia (AA), the disorder in question being known as Dyskeratosis Congenita (“DC”).’

Full story

UK Human Rights Blog, 1st April 2014

Source: www.ukhumanrightsblog.com

Durkin v DSG Retail Ltd and another – WLR Daily

Posted April 1st, 2014 in appeals, banking, consumer credit, damages, duty of care, law reports, rescission, Supreme Court by sally

Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144

A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

Jury gives open verdict on teenager who died after ‘relationship with star’ – The Guardian

Posted March 27th, 2014 in duty of care, health, inquests, mental health, news, suicide by tracey

‘There were “shortcomings” in the care given to a teenager who died in a psychiatric unit after allegedly being pressured by a male celebrity into sexual activity, an inquest jury has concluded.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk

Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent

Posted March 27th, 2014 in appeals, banking, consumer credit, damages, duty of care, news, rescission, Supreme Court by tracey

‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’

Full story

The Independent, 26th March 2014

Source: www.independent.co.uk