‘In the current moral panic about neknominate and people dropping dead after drinking two pints of gin, the “something must be done brigade” are suggesting that one of the things that might be done is to hold neknominators criminally responsible for their actions and the deaths of their neknominees.’
Halsbury’s Law Exchange, 26th February 2014
Source: www.halsburyslawexchange.co.uk
Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86
‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’
WLR Daily, 21st February 2014
Source: www.iclr.co.uk
Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64
‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’
WLR Daily, 12th February 2014
Source: www.iclr.co.uk
Supreme Court, 12th February 2014
Is Fairchild a Leading case of the Common Law? (PDF)
Per Laleng, Inner Temple Academic Fellow, University of Kent
The Inner Temple, 20th January 2014
Source: www.innertemple.org.uk
‘The Met Police is struggling to provide adequate medical staffing to assess and treat detainees in their custody, according to a new report.’
BBC News, 28th January 2014
Source: www.bbc.co.uk
‘This sad case arose out of the 2006 terrorist attack on the Taj Mahal Palace, Mumbai, India. The claimants, who had spent 15 days backpacking around Goa, decided to treat themselves to one night of luxury at the hotel before they were due to fly home from Mumbai. Shortly after the attack began the claimants hid in their room, locked the door and turned off the lights. Some hours later they tried to escape through the window. Their room was on the third floor of the tower part of the hotel. They tied together sheets, curtains and towels to make a rope. They hung it outside their room and the first claimant went first. The “rope” came apart and he fell to the ground suffering serious spinal injuries which have left him paraplegic. The second claimant was rescued subsequently. She did not suffer physical injuries but claims for continuing psychiatric consequences.’
UK Human Rights Blog, 24th January 2014
Source: www.ukhumanrightsblog.com
’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’
The Independent, 6th December 2013
Source: www.independent.co.uk
Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462
‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’
WLR Daily, 28th November 2013
Source: www.iclr.co.uk
“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”
Daily Telegraph, 20th November 2013
Source: www.telegraph.co.uk
“As a result of EERA 2013 there is no civil liability for breach of the Regulations made
under the Health and Safety at Work Act in accidents that occur on or after the 1st October 2013. However the Regulations remain in force. The key question for all practitioners is how far do they remain relevant to issues of civil liability?”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”
Hardwicke Chambers, 17th October 2013
Source: www.hardwicke.co.uk
“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”
Littleton Chambers, 23rd October 2013
Source: www.littletonchambers.com
“Earlier this week the Supreme Court gave judgment in Woodland v Essex County Council [2013] UKSC 66. The case is important because it extends the circumstances in which schools and local authorities will be liable for injuries to the children in their care that are caused by negligence.”
Education Law Blog, 26th October 2013
Source: www.education11kbw.com
Woodland v Swimming Teachers Association and others [2013] UKSC 66; [2013] WLR (D) 403
“The essential feature of a non-delegable duty of reasonable care was that a defendant had control over a vulnerable claimant for the purpose of performing a function for which the defendant had assumed responsibility.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
“The relationship between public bodies and independent contractors has been thrown into sharp relief by yesterday’s Supreme Court judgment in the Woodland case. Local Government Lawyer looks at the reaction to the ruling.”
Local Government Lawyer, 24th October 2013
Source: www.localgovernmentlawyer.co.uk
“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”
Education Law Blog, 18th October 2013
Source: www.education11kbw.com
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