Category: duty of care

Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427; [2008] WLR (D) 393

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

Calvert v William Hill Credit Ltd – WLR Daily

Posted December 18th, 2008 in duty of care, gambling, law reports, negligence by sally

“A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. The duty of care undertaken by the bookmaker was to prevent the claimant placing telephone bets with them, not to prevent him gambling altogether. The court could not ignore the fact that the claimant would probably have placed ruinous bets with other bookmakers had he been prevented from gambling with the defendant.”

WLR Daily, 17th December 2008

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

Compulsive gambler who lost £2m begins appeal – Daily Telegraph

Posted October 16th, 2008 in duty of care, gambling, news by sally

“A compulsive gambler who lost £2million to a bookmaker begins his appeal after losing a compensation claim earlier this year.”

Harris v Perry and Another

Daily Telegraph, 16th October 2008

Source: www.telegraph.co.uk

Harris v Perry and Another – Times Law Reports

Posted August 26th, 2008 in duty of care, law reports, negligence, personal injuries by sally

Court of Appeal

“A judge imposed an unreasonably high standard of care in holding that children playing on a bouncy castle hired by parents for a children’s party required uninterrupted supervision.”

The Times, 25th August 2008

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284

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

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, police, witnesses by sally

“The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

WLR Daily, 31st July 2008

Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278

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

Harris v Perry and another – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, negligence, personal injuries by sally

“It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the children playing on it under uninterrupted supervision.”

WLR Daily, 1st August 2008

Smith v Chief Constable of Sussex Police

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

Smith v Chief Constable of Sussex Police – Times Law Reports

Posted August 4th, 2008 in duty of care, law reports, police by sally

House of Lords

“Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and whereabouts of the likely attacker he had reported to them.”

The Times, 4th August 2008

Van Colle and Another v Chief Constable of Hertfordshire Constabulary

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

Van Colle and Another v Chief Constable of Hertfordshire Constabulary – Times Law Reports

Posted August 1st, 2008 in duty of care, law reports, police, witnesses by sally

House of Lords

“The test for considering whether the state had violated its obligation to protect life under article 2 of the European Convention on Human Rights was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

The Times, 1st August 2008

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

Appeal court ruled couple are not liable for brain-damaged boy – Daily Telegraph

Posted August 1st, 2008 in duty of care, negligence, news, personal injuries by sally

“A couple who were found liable for £1million-worth of damages for an accident on a bouncy castle that left a boy brain-damaged have won their appeal against the ruling.”

Daily Telegraph, 31st August 2008

Source: www.telegraph.co.uk

Police cleared over witness’s death – The Independent

Posted July 30th, 2008 in duty of care, human rights, negligence, news, police, witnesses by sally

“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”

X and another v Hounslow London Borough Council [2008] EWHC 1168 (QB); [2008] WLR (D) 180

The Independent, 30th July 2008

Source: www.independent.co.uk

X and another v Hounslow London Borough Council – WLR Daily

Posted June 5th, 2008 in duty of care, law reports, negligence by sally

“A local authority could be held to be under a duty of care to protect vulnerable adults from abuse by third parties.”

WLR Daily, 4th June 2008

Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch); [2008] WLR (D) 87

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

Calvert v William Hill Credit Ltd – WLR Daily

Posted March 14th, 2008 in duty of care, gambling, law reports by sally

“Although a bookmaker was not liable in negligence in respect of the gambling losses of a customer who was, and who was known by the bookmaker to be, a problem gambler, a bookmaker who had, at the customer’s request, undertaken to prohibit the customer from gambling for a specified period owed the customer a duty to take reasonable care to enforce that prohibition, so as to protect the customer from the risk of gambling losses during the specified period.”

WLR Daily, 12th March 2008

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

Home owner sued for junk mail injury – Daily Telegraph

Posted February 22nd, 2008 in duty of care, news, personal injuries by sally

“A home owner is being threatened with legal action after a woman claimed she trapped her hand in his letterbox while delivering unwanted junk mail.”

Daily Telegraph, 22nd February 2008

Source: www.telegraph.co.uk

Gambler sues bookmaker for losses – BBC News

Posted February 14th, 2008 in duty of care, gambling, news by sally

“A gambler is suing a bookmaker for £2m he claims he lost on bets after asking the firm not to let him bet again.”

BBC News, 14th February 2008

Source: www.bbc.co.uk

Leslie Ash wins ‘£500,000’ in hospital superbug settlement – The Times

Posted January 17th, 2008 in damages, duty of care, hospitals, news by sally

“The actress Leslie Ash is to receive more than £500,000 in compensation after she nearly died from a hospital superbug.”

The Times, 16th January 2008

Vicario v Commissioner of Police of the Metropolis

Vicario v Commissioner of Police of the Metropolis – Times Law Reports

Posted January 4th, 2008 in duty of care, law reports, negligence, police, victims by sally

Court of Appeal

“Police owed no duty of care to victims when taking a decision whether or not to prosecute a suspected offender, even where the decision took into account the interests of the victims.”

The Times, 4th January 2008

Jain and Another v Trent Strategic Health Authority

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

Jain and Another v Trent Strategic Health Authority – Times Law Reports

Posted November 30th, 2007 in care homes, duty of care, law reports by sally

Court of Appeal

“The risk of harm to the residents of registered homes outweighed the economic interests of the registered home proprietor.”

The Times, 30th November 2007

Jain and Another v. Trent Strategic Health Authority

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

Jain and Another v Trent Strategic Health Authority – WLR Daily

Posted November 26th, 2007 in care homes, duty of care, law reports by sally

“The registration authority, in applying to a magistrate for an order for the cancellation of the registration of a nursing home under s 30 of the Registered Homes Act 1984, owed no duty of care at common law to the proprietor.”

WLR Daily, 23rd November 2007

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

Head fined over fall that led to boy’s death – The Times

Posted October 1st, 2007 in duty of care, health & safety, news, school children by sally

“The headmaster of a private school was ordered to pay £20,000 in fines and legal costs yesterday following the death of a three-year-old pupil who had hit his head in the playground.”

The Times, 29th September 2007

£100,000 for abused siblings council failed to take into care – The Guardian

Posted September 17th, 2007 in child abuse, compensation, duty of care, local government, news by sally

“A 39-year-old woman and her two younger siblings have won a total of £100,000 in an out-of-court settlement with Hackney council in east London because it failed to remove them as children from their abusive home.”