Domestic and Personal Injury Newsletter – Thirty Nine Essex Street

Domestic and Personal Injury Newsletter (PDF)

Thirty Nine Essex Street, June 2012

Source: www.39essex.com

Ministry of Defence has legal duty of care to soldiers in combat, court hears – The Guardian

“The government is under a legal obligation to ensure British soldiers are sent to fight with adequate equipment and training, the court of appeal heard on Monday in a case that has potentially profound implications for the treatment of troops on the battlefield.”

Full story

The Guardian, 25th June 2012

Source: www.guardian.co.uk

Baby P’s stepfather compensation bid over ‘napalm’ prison attack – Daily Telegraph

“The stepfather of Baby P, Steven Barker, has launched a £40,000 compensation bid after he was injured in a violent prison attack, it has been reported.”

Full story

Daily Telegraph, 25th June 2012

Source: www.telegraph.co.uk

Fatal accidents and fatal errors – Zenith Chambers

“Gordon Exall looks at the lessons that practitioners undertaking fatal accident cases can learn from the recent professional negligence case of Amin –v- Imran Khan.”

Full story (PDF)

Zenith Chambers, 3rd April 2012

Source: www.zenithchambers.co.uk

Haringey London Borough Council v Mountplace Ltd – WLR Daily

Posted March 30th, 2012 in duty of care, environmental protection, law reports, news, waste by tracey

Haringey London Borough Council v Mountplace Ltd: [2012] EWHC 698 (Admin);  [2012] WLR (D)  100

“The duty of care imposed on a producer of waste (or anyone else who fell within one of the different categories of waste holder) by section 34(1)(c) of the Environmental Protection Act 1990 was a duty to secure the results set out in the subsection which fell to complied with on the occasion of a given transfer of waste, and the question as to what were the reasonable measures applicable to him ‘in that capacity’ to secure those results fell to be answered by reference to his capacity on that occasion in the circumstances prevailing at that time. However, that did not mean that a waste holder could not comply with that duty on the occasion of the transfer by having reference to measures he had already taken on days prior to that occasion in anticipation of that occasion, nor did it preclude the court from considering such measures, or the absence thereof, in determining whether the duty had been complied with.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

 

Is a school responsible for assault on foreign expedition? – UK Human Rights Blog

Posted March 27th, 2012 in assault, duty of care, news, rape, school children, vicarious liability by sally

“In 2005 a group of schoolgirls were taken on a school trip to Belize. While working on a resort, three girls, aged between 15 and 17, were violently raped by the manager of the site.”

Full story

UK Human Rights Blog, 26th March 2012

Source: www.ukhumanrightsblog.com

Court dismisses Belize rapes action – The Independent

Posted March 13th, 2012 in duty of care, news, rape, school children by sally

“Two women who were raped as schoolgirls on ‘the trip of a lifetime’ to Belize have lost their High Court damages action.”

Full story

The Independent, 13th March 2012

Source: www.independent.co.uk

Doctors could face GMC action for ignoring poor care – Daily Telegraph

Posted March 13th, 2012 in disciplinary procedures, doctors, duty of care, news, professional conduct by sally

“Doctors could face disciplinary action if they ‘walk by’ and ignore poor patient care by other doctors or health professionals, under new General Medical Council guidelines coming into force today [12 March].”

Full story

Daily Telegraph, 12th March 2012

Source: www.telegraph.co.uk

CPS statement on death of PC Ian Terry – Crown Prosecution Service

Posted March 9th, 2012 in duty of care, inquests, police, press releases, prosecutions by tracey

“Following the inquest into the death of Police Constable Ian Terry, the Crown Prosecution Service (CPS) reconsidered whether there was sufficient evidence to bring charges in relation to Mr Terry’s tragic death during a training exercise in June 2008.”

Full press release

Crown Prosecution Service, 7th March 2012

Source: www.cps.gov.uk

Manslaughter verdict for man who ‘botched’ boiler installation – The Guardian

Posted March 5th, 2012 in duty of care, homicide, negligence, news, poisoning, professional conduct by tracey

“A gas fitter has been found guilty of killing a 24-year-old woman who was overcome by carbon monoxide fumes from a newly-fitted boiler.”

Full story

The Guardian, 2nd March 2012

Source: www.guardian.co.uk

Pupils sue school over rape during character-building trip to Belize – Daily Telegraph

Posted February 29th, 2012 in damages, duty of care, news, rape, school children, victims by tracey

“Two teenage girls who were raped on a character-building trip to Belize are suing for damages, but their school is denying liability because the victims allegedly invited the attacker into their jungle cabin.”

Full story

Daily Telegraph, 28th February 2012

Source: www.telegraph.co.uk

Young footballer died from misadventure, jury rules – BBC News

Posted February 21st, 2012 in drug trafficking, duty of care, inquests, news, police by tracey

“An inquest jury has returned a verdict of death by misadventure in the case of a young footballer who died when a bag of cocaine split inside his body.”

Full story

BBC News, 20th February 2012

Source: www.bbc.co.uk

Analysis | Rabone and the rights to life of voluntary mental health patients – Part 1/2 – UK Human Rights Blog

Posted February 13th, 2012 in duty of care, hospital orders, mental health, news, suicide by sally

“At first sight, Article 2 – the ‘right to life’ – seems to be a prohibition on extra-judicial executions and state-sponsored death squads. It does, of course have a role to play in that respect (and one that is not limited to those countries whose signature of the Convention is viewed with scepticism from Western Europe).”

Full story

UK Human Rights Blog, 12th February 2012

Source: www.ukhumanrightsblog.com

Rabone v Pennine Care NHS Trust – WLR Daily

Posted February 9th, 2012 in duty of care, hospitals, law reports, mental health, news, suicide, Supreme Court by sally

Rabone v Pennine Care NHS Trust [2012] UKSC 2; [2012] WLR (D) 23

“A psychiatric in-patient who was known to be at real and immediate risk of suicide was owed a positive operational duty under article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms by the NHS trust to take preventative measures to safeguard her life even though she was a voluntary patient who was not detained under the Mental Health Act 1983.”

WLR Daily, 8th February 2012

Source: www.iclr.co.uk

Hospital breached duty of care to psychiatric patient, supreme court rules – The Guardian

Posted February 9th, 2012 in duty of care, hospitals, mental health, news, suicide, Supreme Court by sally

“An NHS trust breached its duty of care to a 20-year-old patient who killed herself while on home release from a psychiatric unit, the supreme court has ruled.”

Full story

The Guardian, 8th February 2012

Source: www.guardian.co.uk

Grandmother’s grotto fall was Santa’s fault, rule judges – Daily Telegraph

Posted December 16th, 2011 in duty of care, negligence, news, personal injuries by tracey

“A grandmother fractured her thigh after slipping on a plastic icicle which should have been cleared away by Father Christmas and his elf at Selfridges’ grotto, the Appeal Court has ruled.”

Full story

Daily Telegraph, 16th December 2011

Source: www.telegraph.co.uk

Judge allows Joanna Michael murder damages claim – BBC News

Posted November 28th, 2011 in domestic violence, duty of care, murder, negligence, news, police by sally

“Solicitors for the family of a Cardiff woman murdered by her ex-partner say a judge has ruled a damages claim against two police forces can continue.”

Full story

BBC News, 26th November 2011

Source: www.bbc.co.uk

Independent Schools, the contract for Education and some litigation issues – 11 KBW

Posted November 23rd, 2011 in duty of care, education, news, school children by sally

“There are numerous cases about the duties of care in tort which schools, whether independent or maintained, owe to their pupils. Most of them – though not all, as we will see – concern physical injury in the playground, during sports or on school trips.”

Full story (PDF)

11 KBW, 16th November 2011

Source: www.11kbw.com

Social Services have both statutory and common law duty to protect children from abuse – UK Human Rights Blog

Posted November 8th, 2011 in child abuse, duty of care, local government, news, social services by sally

“This case concerned the entitlement to compensation for the years of abuse the claimants, three brothers a sister, the youngest, who had suffered at the hands of their father. The older claimants had both suffered regular abuse from an early age until late teens. The third claimant escaped the prolonged abuse suffered by his brothers. The fourth claimant, who was conceived after the defendant social services became aware of the situation, nevertheless endured abuse for five or six years.”

Full story

UK Human Rights Blog, 8th November 2011

Source: www.ukhumanrightsblog.com

Jack Sutton to pay back £54,000 over rugby injury – BBC News

Posted October 20th, 2011 in appeals, costs, damages, duty of care, news, personal injuries, sport by tracey

“A Nottingham student who was given £54,000 damages after he injured his knee during training at a rugby club has been ordered to pay the money back.”

Full story

BBC News, 20th October 2011

Source: www.bbc.co.uk