Mind the Step 1 – Semi gloss – NearlyLegal
“What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?”
NearlyLegal, 7th August 2012
Source: www.nearlylegal.co.uk
“What constitutes a defect or a lack of repair for the landlord to be liable for tenant’s injury?”
NearlyLegal, 7th August 2012
Source: www.nearlylegal.co.uk
Selwood v Durham County Council and others [2012] EWCA Civ 979; [2012] WLR (D) 231
“When determining whether a defendant owed a common law duty of care to a claimant in respect of the actions of a third party on the basis of foreseeability, proximity and fairness, justice and reasonableness, in accordance with the test laid down in Caparo Industries plc v Dickman [1990] 2 AC 605, there was no need to show that the defendant had assumed any responsibility for the claimant’s safety. In determining whether it was fair, just and reasonable to impose that duty of care on a defendant who was a public authority, additional factors of public policy had to be considered and some classes of claimant would stand in such a special relationship with the defendant public authority that it would be fair, just and reasonable to impose a duty of care in respect of the actions of a third party. In respect of that limited class of claimants, the weight to be attached to some of the policy considerations which rendered a duty to a wider class undesirable was much less than if the duty was one owed to the world at large. In order to establish the existence of a duty of care on the basis of an assumption of responsibility, there was no requirement for something positive to that effect to have been said or something done which clearly indicated such assumption, and the assumption of responsibility could be inferred from circumstances.”
WLR Daily, 18th July 2012
Source: www.iclr.co.uk
Domestic and Personal Injury Newsletter (PDF)
Thirty Nine Essex Street, June 2012
Source: www.39essex.com
“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.”
The Guardian, 25th June 2012
Source: www.guardian.co.uk
“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.”
Daily Telegraph, 25th June 2012
Source: www.telegraph.co.uk
“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: [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
“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.”
UK Human Rights Blog, 26th March 2012
Source: www.ukhumanrightsblog.com
“Two women who were raped as schoolgirls on ‘the trip of a lifetime’ to Belize have lost their High Court damages action.”
The Independent, 13th March 2012
Source: www.independent.co.uk
“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].”
Daily Telegraph, 12th March 2012
Source: www.telegraph.co.uk
“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.”
Crown Prosecution Service, 7th March 2012
Source: www.cps.gov.uk
“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.”
The Guardian, 2nd March 2012
Source: www.guardian.co.uk
“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.”
Daily Telegraph, 28th February 2012
Source: www.telegraph.co.uk
“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.”
BBC News, 20th February 2012
Source: www.bbc.co.uk
“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).”
UK Human Rights Blog, 12th February 2012
Source: www.ukhumanrightsblog.com
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
“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.”
The Guardian, 8th February 2012
Source: www.guardian.co.uk
“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.”
Daily Telegraph, 16th December 2011
Source: www.telegraph.co.uk
“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.”
BBC News, 26th November 2011
Source: www.bbc.co.uk
“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