duty of care – Page 20 – Current Awareness

Rabone and another v Pennine Care NHS Trust – WLR Daily

Posted June 22nd, 2010 in appeals, duty of care, hospitals, law reports, suicide by sally

Rabone and another v Pennine Care NHS Trust [2010] EWCA Civ 698; [2010] WLR (D) 152

“Health trusts did not have an obligation to take special preventive measures to protect voluntary mental patients from the risk of suicide, even where that risk was ‘real and immediate’. The obligation existed in the case of persons for whom the state had assumed responsibility by their detention under the Mental Health Act 1983.”

WLR Daily, 21st June 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Scullion v Bank of Scotland plc – WLR Daily

Posted March 25th, 2010 in duty of care, law reports, negligence, surveyors by sally

Scullion v Bank of Scotland plc [2010] EWHC 572 (Ch); [2010] WLR (D) 88

“A buy-to-let transaction was not very different from the ordinary residential house purchase when considering the duties and liabilities of valuers to purchasers of property, although each case might turn on its own facts.”

WLR Daily, 24th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Connor v Surrey County Council – WLR Daily

Posted March 24th, 2010 in duty of care, law reports, mental health, negligence by sally

Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83

“A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full performance of its public law functions.”

WLR Daily, 22nd March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily

Posted March 10th, 2010 in appeals, duty of care, economic loss, law reports, negligence by sally

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67

“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”

WLR Daily, 8th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Upper Bay Ltd – WLR Daily

Posted March 4th, 2010 in appeals, children, duty of care, health & safety, law reports, parental responsibility by sally

Regina v Upper Bay Ltd [2010] WLR (D) 60

“The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

WLR Daily, 3rd March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bhamra v Dubb – WLR Daily

Posted January 29th, 2010 in allergies, duty of care, food, law reports, negligence, Sikhism by sally

Bhamra v Dubb [2010] EWCA Civ 13; [2010] WLR (D) 10

“A caterer, who had supplied a dish for guests at a Sikh wedding knowing that the recipe could sometimes contain egg, a food prohibited by the Sikh religion, owed a duty of care to a guest who was allergic to eggs and subsequently died after eating the dish served. Such a conclusion was justified on the basis of well established principles of proximity, and after invoking CPR r 52.11(4) to enable the Court of Appeal to draw such inferences as were justified on the evidence where the judge below had not made a critical finding of fact.”

WLR Daily, 28th January 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bridgend teenager disabled at birth is awarded £6.5m – BBC News

Posted January 26th, 2010 in compensation, duty of care, hospitals, negligence, news, personal injuries by sally

“A teenager who was left profoundly disabled at birth is to receive £6.5m.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Royal College of Physicians warns that proposed guidance could ‘open door’ to doctor-assisted suicide – Daily Telegraph

Posted January 20th, 2010 in assisted suicide, doctors, duty of care, news by sally

“In a strongly-worded submission to the Crown Prosecution Service, England’s oldest medical institution says that any clinician suspected of helping someone die should be investigated by police. It also warns that the draft clarification of the Suicide Act will mean doctors are ‘coerced’ into speculating on how long a patient has to live, so that their loved ones are able to escape prosecution for assisted suicide by claiming they were terminally ill.”

Full story

Daily Telegraph, 20th January 2010

Source: www.telegraph.co.uk

Reprieve for ‘hero’ father over Child Support Agency demand – Daily Telegraph

Posted January 11th, 2010 in child support, duty of care, news by sally

“The Child Support Agency has issued a reprieve to a ‘hero’ father whose daughter was threatening legal action over its treatment of him.”

Full story

Daily Telegraph, 10th January 2010

Source: www.telegraph.co.uk

Glaister and others v Appleby-in-Westmorland Town Council – WLR Daily

Posted December 10th, 2009 in compensation, duty of care, horses, law reports, local government, personal injuries by sally

Glaister and others v Appleby-in-Westmorland Town Council [2009] EWCA Civ 1325; [2009] WLR (D) 359

“A local council did not owe a duty of care to claimants to arrange public liability insurance to cover the risk of injury occurring at a long-established horse fair taking place on land part of which it owned, nor to ensure safe segregation and supervision of tethered horses.”

WLR Daily, 10th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judges block horse injury claim – BBC News

Posted December 9th, 2009 in compensation, duty of care, horses, local government, news, personal injuries by sally

“A County Durham man left with brain damage after being kicked by a horse at a Cumbrian fair, has been blocked from claiming compensation.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Court of Appeal ruling highlights value of website disclaimers – OUT-LAW.com

Posted July 29th, 2009 in duty of care, internet, news by sally

“Websites can owe a duty of care to people who visit them and rely on the information they provide, England’s Court of Appeal has said. But while misstatements may provoke lawsuits, website warnings will mitigate liability, according to the ruling.”

Full story

OUT-LAW.com, 29th July 2009

Source: www.out-law.com

Widow sues over Iraq ambush death – BBC News

Posted July 20th, 2009 in compensation, duty of care, Iraq, news by sally

“A widow whose security consultant husband died during an ambush in Iraq has begun a High Court claim for about £300,000 compensation over his death.”

Full story

BBC News, 20th July 2009

Source: www.bbc.co.uk

Iraqi interpreters to sue MoD for not protecting them – Daily Telegraph

Posted July 14th, 2009 in armed forces, duty of care, interpreters, Iraq, news by sally

“A total of 25 claimants, most of them interpreters, claim they were owed a duty of care by the Government and are expected to launch legal action later this week, according to the BBC.”

Full story

Daily Telegraph, 14th July 2009

Source: www.telegraph.co.uk

Pond death toddler’s parents to repay compensation – The Independent

Posted July 13th, 2009 in appeals, compensation, duty of care, news by sally

“The parents of a toddler who drowned in a pond at a holiday park were today ordered to repay their compensation award.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

Former pupil sues Oundle School over drunken fall from window – The Times

Posted June 12th, 2009 in duty of care, health & safety, news, personal injuries, school children by sally

“A public school is being sued by a former pupil who was permanently disabled following a drunken fall from a window.”

Full story

The Times, 12th June 2009

Source: www.timesonline.co.uk

Mitchell and Another v Glasgow City Council – Times Law Reports

Posted February 26th, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell and Another v Glasgow City Council

House of Lords

“Local housing authority landlords were under no duty to warn a neighbour who had received death threats from an abusive tenant that a meeting had been arranged at which he was warned that he would be evicted unless his behaviour improved, after which the abusive tenant inflicted fatal injuries on his neighbour.”

The Times, 26th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Mitchell v Glasgow City Council – WLR Daily

Posted February 23rd, 2009 in assault, duty of care, law reports, local government, negligence by sally

Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65

“Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Jain and another v Trent Strategic Health Authority – WLR Daily

Posted January 23rd, 2009 in care homes, duty of care, law reports by sally

Jain and another v Trent Strategic Health Authority [2009] UKHL 4; [2009] WLR (D) 14

“There was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home against whom the authority had made an ex parte application without notice to the magistrate for cancellation of registration of the nursing home pursuant to s 30 of the Registered Homes Act 1984 (now replaced by s 20 of the Care Standards Act 2000).”

WLR Daily, 22nd January 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.