Legal claims ‘could paralyse’ armed forces – BBC News

“A ‘sustained legal assault’ on British forces could have ‘catastrophic consequences’ for the safety of the nation, an influential right-leaning think tank has warned.”

Full story

BBC News, 18th October 2013

Source: www.bbc.co.uk

Nursing home inquest: Tea scalding ruled out as causing death of Margaret Young – The Independent

Posted August 30th, 2013 in care homes, duty of care, inquests, medical treatment, news by sally

“Coroner rules that wound was caused by cellulitis infection, not hot drink, and that there was no evidence 73-year-old would have survived if different action was taken.”

Full story

The Independent, 29th August 2013

Source: www.independent.co.uk

Mid Staffs trust to be prosecuted over death of diabetic patient – The Guardian

Posted August 30th, 2013 in duty of care, health, health & safety, hospitals, inquests, news, prosecutions, reports by sally

“The Mid Staffs NHS foundation trust, castigated for providing appalling care for years to patients, is to be prosecuted over a diabetic patient who died after falling into a diabetic coma – an unprecedented change in criminal accountability in the health service.”

Full story

The Guardian, 29th August 2013

Source: www.guardian.co.uk

Solicitors, giving independent advice, and exposure to claims for negligence incurred thereby – Sovereign Chambers

Posted July 31st, 2013 in duty of care, legal profession, negligence, news, solicitors, undue influence by sally

“The long running case of Padden v Bevan Ashford [2013] EWCA Civ 824 has reached its dénouement. It is a case not without its human interest, and legally it illustrates important points of practice and principle which arise when a solicitor is instructed to give independent advice on what may well be an improvident transaction, as well, perhaps, on the vagaries of some county court judges. It has involved two county court trials, including a retrial after one county court judge decided that the defendants had no case to answer, and that to ‘foist’ a duty to give ‘full’ advice on a solicitor who simply agreed to see someone who had come in off the street was ‘an absurdity’. To the concern of many solicitors, but quite correctly, both the subsequent judge upon a re-trial the Court of Appeal (twice) decided that the case was anything but absurd. In the end, the solicitors were liable.”

Full story

Sovereign Chambers, 30th July 2013

Source: www.sovereignchambers.co.uk

MoD could face legal action over Brecon Beacons heatwave deaths – The Independent

Posted July 25th, 2013 in armed forces, duty of care, human rights, inquests, news by tracey

“A coroner has suggested that the Ministry of Defence could face legal action over two soldiers who died while undergoing the gruelling SAS selection process.”

Full story

The Independent, 25th July 2013

Source: www.independent.co.uk

Nicholls v Ladbrokes Betting & Gaming Ltd – WLR Daily

Posted July 15th, 2013 in appeals, duty of care, employment, health & safety, law reports, robbery by sally

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963; [2013] WLR (D) 277

“The failure by a betting shop to operate a magnetic lock to prevent a robbery during the hours of darkness was not a sufficient basis for a conclusion of a breach of a duty of care.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

Father and Son Haulage Firm Owners Sentenced for Manslaughter of driver – Crown Prosecution Service

“A father and son have today (Friday 28 June) been sentenced to a total of 11 years in prison at St. Albans Crown Court after being found guilty of the manslaughter – on the basis of gross negligence – of Stephen Kenyon, a driver employed at their haulage firm.”

Full press release

Crown Prosecution Service, 28th June 2013

Source: www.cps.gov.uk

Iraq damages cases: Supreme Court rules families can sue – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“The families of soldiers killed in Iraq can pursue damages against the government under the Human Rights Act, the Supreme Court has ruled.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Iraq damages cases: Supreme Court judges to rule – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“Supreme Court judges will rule later on whether relatives of soldiers killed in Iraq can sue the government for damages under the Human Rights Act.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

The meaning of care and attention – NearlyLegal

“SL v Westminster [2013] UKSC 27 is a very important case concerning the meaning of ‘care and attention’ in the context of s.21, National Assitance Act 1948.”

Full story

NearlyLegal, 20th May 2013

Source: www.nearlylegal.co.uk

A tricky path – New Law Journal

“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Legal action over Furness General Hospital deaths – BBC News

“More than 30 families have taken legal action against a hospital in north-west
England for a catalogue of baby and maternal deaths and injuries.”

Full story

BBC News, 15th March 2013

Source: www.bbc.co.uk

Police consider bringing criminal charges against Stafford hospital staff – The Guardian

Posted February 18th, 2013 in doctors, duty of care, hospitals, negligence, news, police, reports, unlawful killing by sally

“Police and prosecutors are studying a damning report into ‘appalling’ failures of care at an NHS hospital where hundreds of patients needlessly died, to examine whether any criminal charges need to be brought against those involved.”

Full story

The Guardian, 15th February 2013

Source: www.guardian.co.uk

Family sues out-of-hours GP provider and nurse over death liability – The Guardian

Posted December 18th, 2012 in compensation, duty of care, health, insurance, negligence, news, nurses by sally

“The family of a young woman is suing the country’s biggest out-of-hours GP provider and one of its nurses, whose failures meant her fatal condition was not diagnosed, because neither will accept liability in a test case over legal responsibility in a privatised NHS.”

Full story

The Guardian, 17th December 2012

Source: www.guardian.co.uk

Nurse guilty of manslaughter of baby who bled to death after botched home circumcision – Daily Telegraph

“A nurse has been found guilty of the manslaughter of a four-week-old baby who bled to death after a botched home circumcision.”

Full story

The Independent, 14th December 2012

Source: www.independent.co.uk

The duty of care of Public Authorities: Too Much, Too Little or About Right? – Speech by Master of the Rolls

Posted December 10th, 2012 in duty of care, local government, negligence, news, personal injuries by sally

The duty of care of Public Authorities: Too Much, Too Little or About Right? (PDF)

Speech by Master of the Rolls

PIBA Richard Davies Lecture, 27th November 2012

Source: www.judiciary.gov.uk

Regina (L) v West London Mental Health NHS Trust – WLR Daily

Posted December 3rd, 2012 in detention, duty of care, hospitals, law reports, mental health by sally

Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357

“The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk

Relatives of UK soldiers killed in Iraq win right to pursue damages claims – The Guardian

Posted October 19th, 2012 in armed forces, compensation, duty of care, Iraq, news by sally

“Relatives of soldiers killed in Iraq have secured a victory in the latest round of a compensation fight with ministers.”

Full story

The Guardian, 19th October 2012

Source: www.guardian.co.uk

MoD Iraq ‘negligence’ claim ruling due – BBC News

Posted October 19th, 2012 in armed forces, duty of care, human rights, negligence, news by sally

“The families of four UK soldiers killed in Iraq are to find out later whether they can sue the Ministry of Defence.”

Full story

BBC News, 19th October 2012

Source: www.bbc.co.uk

Mind the Step 1 – Semi gloss – NearlyLegal

Posted August 8th, 2012 in duty of care, landlord & tenant, news, personal injuries, repairs by sally

“What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?”

Full story

NearlyLegal, 7th August 2012

Source: www.nearlylegal.co.uk