‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’
OUT-LAW.com, 14th May 2024
Source: www.pinsentmasons.com
‘A businessman who brought a claim against two leading law firms, and also reported them and those representing them to the Solicitors Regulation Authority (SRA), has seen his case struck out.’
Legal Futures, 11th April 2024
Source: www.legalfutures.co.uk
‘The Court of Appeal handed down judgment in Miller v Irwin Mitchell on 1 February 2024, just 9 days after hearing argument. The Court (Phillips, Andrews and Falk LJJ) upheld the decision of HHJ Cadwallader at first instance ([2022] EWHC 2252 (Ch)), in which he dismissed Mrs Miller’s claim after a trial of various preliminary issues. The decision gives useful guidance to practitoners considering whether a duty of care is owed by a solicitor prior to the parties agreeing a retainer.’
Hailsham Chambers, 5th February 2024
Source: www.hailshamchambers.com
‘An asylum seeker has been detained for nine years and six months for the manslaughter of fellow migrants who drowned trying to cross the English Channel.’
The Independent, 23rd February 2024
Source: www.independent.co.uk
‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’
BBC News, 12th February 2024
Source: www.bbc.co.uk
‘A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and “looked-after children”.’
Nearly Legal, 14th January 2024
Source: nearlylegal.co.uk
‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’
Mental Capacity Law and Policy, 11th January 2024
‘The High Court has ruled that the London Borough of Barnet failed to meet its duties towards a victim of child trafficking after he received no specialist support from either the council or the Home Office for several years.’
Local Government Lawyer, 21st December 2023
Source: www.localgovernmentlawyer.co.uk
‘A court case this week could change the way universities are expected to look after their students – including their mental health.’
BBC News, 11th December 2023
Source: www.bbc.co.uk
‘Annual Richard Davies Lecture for the Personal Injuries Bar Association, 29 November 2023.’
Supreme Court, 29th November 2023
Source: www.supremecourt.uk
‘A judge at Central London County Court has awarded a claimant more than £50,000 in damages after her council property was found to be unfit for human habitation.’
Local Government Lawyer, 4th December 2023
Source: www.localgovernmentlawyer.co.uk
‘The high court is to consider for the first time whether universities owe a legal duty of care to their students, which campaigners argue would save lives and bring England and Wales in line with other countries.’
The Guardian, 20th November 2023
Source: www.theguardian.com
‘The BBC has reached a settlement with a woman who said Martin Bashir had borrowed but failed to return her murdered daughter’s clothes.’
BBC News, 6th October 2023
Source: www.bbc.co.uk
‘Brittany Pearce, Real Estate barrister was recently involved in a dispute between neighbours concerning her client’s retaining wall, which was in disrepair and required replacement. The cost of replacing the wall with a stronger wall which didn’t encroach further on to either party’s driveway was estimated to be £25,000. The parties couldn’t agree why the wall required replacement or who should bear the cost and litigation ensued. By the end of proceedings, the parties had spent around £160,000 on legal fees and disbursements. In this article Brittany will discuss the measured duty of care as well as her thoughts on dealing with these claims in a proportionate manner.’
St John's Chambers, 5th September 2023
Source: www.stjohnschambers.co.uk
‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’
Inquests and Inquiries Law Blog, 18th July 2023
Source: inquestsandinquirieslawblog.com
‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’
2 Hare Court, 30th June 2023
Source: www.2harecourt.com
‘Traditionally, courts have declined to impose this liability, believing it would lead to defensive policing. A recent High Court ruling appears to have changed all that. Listen to Rosalind English in discussion with Conor Monaghan of 5 Essex Court on this decision with serious implications for all public authorities.’
Law Pod UK, 5th July 2023
Source: audioboom.com
‘North Lincolnshire Council recently successfully defended a personal injury claim brought by a claimant who slipped at a pay and display car park the local authority owned but had demised. Toby Coupe explains how.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘A coroner has criticised a betting operator for failing to intervene over a high volume of bets made by a problem gambler before he took his own life, the first verdict of its kind.’
The Guardian, 29th June 2023
Source: www.theguardian.com
‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’
Ropewalk Clinical Negligence Blog, 14th June 2023
Source: ropewalk.co.uk
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