duty of care – Page 4 – Current Awareness

Failure to remove claims and section 20 accommodation – Local Government Lawyer

Posted June 11th, 2021 in children, duty of care, families, housing, local government, negligence, news, social services by tracey

‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’

Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Duty of care for the acts of third parties – Law Society’s Gazette

Posted June 8th, 2021 in duty of care, limitations, negligence, news, shipping law, striking out, third parties by sally

‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’

Law Society's Gazette, 7th June 2021

Source: www.lawgazette.co.uk

Kent council fined after mother and son left to live in tent in pandemic – The Guardian

Posted April 23rd, 2021 in children, compensation, coronavirus, duty of care, families, homelessness, housing, local government, news, ombudsmen by sally

‘A council has been fined after it removed a homeless teenager and his mother from temporary housing during the pandemic, leaving them to sofa surf and live in a tent for two months.’

The Guardian, 23rd April 2021

Source: www.theguardian.com

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

Posted April 16th, 2021 in care homes, child abuse, children, damages, duty of care, employment, local government, news, sexual offences by tracey

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Universities ignoring rape culture warnings, say campaigners – The Guardian

Posted April 16th, 2021 in complaints, duty of care, harassment, news, rape, sex discrimination, sexual offences, statistics, universities, women by tracey

‘Universities have ignored repeated warnings to tackle rape culture on campus, and left themselves exposed to lawsuits and reputational damage, according to lawyers and campaigners.’

The Guardian, 15th April 2021

Source: www.theguardian.com

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

Posted March 5th, 2021 in appeals, chambers articles, class actions, compensation, damages, duty of care, environmental health, environmental protection, jurisdiction, news, pollution, Supreme Court by sally

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

‘Failure to remove’ claims – the decision in HXA v Surrey County Council – Local Government Lawyer

Posted March 1st, 2021 in care orders, children, duty of care, families, interpretation, local government, news, social services by tracey

‘Paul Stagg analyses an important decision this month on “failure to remove” claims and also summarises the other case law to date, before looking at pending cases and the likely way forward to the higher courts.’

Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

Posted February 18th, 2021 in civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, negligence, news, personal injuries, proportionality, subsidiary companies by sally

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

Posted February 15th, 2021 in appeals, civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, health, jurisdiction, negligence, news, personal injuries, proportionality by sally

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

UKSC Blog, 12th February 2021

Source: ukscblog.com

Drawing the boundaries of the Quincecare duty in cases of fraud (Philipp v Barclays Bank plc) – Forum Chambers

Posted February 11th, 2021 in banking, chambers articles, duty of care, fraud, news by sally

‘Dispute Resolution analysis: Barclays Bank plc successfully applied for summary judgment against Mrs Philipp (the claimant) in respect of her claim that Barclays breached its so-called Quincecare duty in failing to prevent the fraudulent dissipation of £700,000 following an authorised push payment fraud, ie a fraud where the victim is induced by the fraudster to authorise a payment instruction to transfer funds to the fraudster. The High Court determined that the claimant’s claim had no real prospects of success since the claim was dependent upon an impermissible and unprincipled extension of the Quincecare duty to situations where a bank acts on a customer’s authorised payment instructions. The duty was held to be confined to situations where an agent of the customer sought to misappropriate funds as had been the case in previously decided cases such as Singularis Holdings Ltd (In Official Liquidation.’

Forum Chambers, 2nd February 2021

Source: www.forumchambers.com

A duty of care – what does the new standard of proof in inquests mean? – 5SAH

Posted January 8th, 2021 in chambers articles, death in custody, duty of care, inquests, mental health, news, prisons, standard of proof, suicide by sally

‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’

5SAH, 7th January 2021

Source: www.5sah.co.uk

Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers

Posted November 19th, 2020 in accounts, auditors, damages, duty of care, loss of chance, negligence, news by sally

‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’

Hardwicke Chambers, 5th November 2020

Source: hardwicke.co.uk

Free School Meals and Governmental Responsibility — Dr Kirsteen Shields – UK Human Rights Blog

Posted October 23rd, 2020 in benefits, budgets, children, duty of care, equality, food, government departments, human rights, news, parliament, school children, statutory duty by sally

‘Questions around government responsibility for food systems, churning away during the Brexit debates, long ignored, sometimes derided, are meeting stark realities in the coronavirus pandemic. This week we are back to free school meals (FSM).’

UK Human Rights Blog, 22nd October 2020

Source: ukhumanrightsblog.com

Coronavirus: Amnesty demands immediate inquiry into care home residents ‘abandoned to die’ – The Independent

Posted October 5th, 2020 in care homes, coronavirus, duty of care, elderly, government departments, human rights, inquiries, news, statistics by tracey

‘The human rights of older people have been violated in England’s care homes because of a series of “shockingly irresponsible” government decisions in response to the coronavirus pandemic, a report has found.’

The Independent, 4th October 2020

Source: www.independent.co.uk

Inquest into suicide of gambling addict will explore if UK state failed him – The Guardian

Posted September 28th, 2020 in bereavement, duty of care, families, gambling, human rights, inquests, medical treatment, news, ombudsmen, regulations, suicide by sally

‘The parents of a gambling addict who killed himself have said government bodies “do not want to know what killed a perfectly happy and healthy 24-year-old” who was hooked on “products licensed by the state”.’

The Guardian, 25th September 2020

Source: www.theguardian.com

When can contractual limitation of liability clause limit third party’s tort claim? – Practical Law: Construction Blog

Posted September 2nd, 2020 in construction industry, contracts, duty of care, negligence, news, third parties by tracey

‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’

Practical Law: Construction Blog, 26th August 2020

Source: constructionblog.practicallaw.com

Council warns of potential breach of statutory duty in relation to unaccompanied asylum-seeking children – Local Government Lawyer

Posted August 19th, 2020 in asylum, children, duty of care, immigration, local government, news, statistics, statutory duty by sally

‘The Leader of Kent County Council has warned that the local authority “cannot safely meet our statutory duty” when it comes to its capacity to care for new arrivals of unaccompanied asylum-seeking children (UASC).’

Local Government Lawyer, 18th August 2020

Source: www.localgovernmentlawyer.co.uk

Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability? – 3PB

Posted August 10th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, duty of care, employment, employment tribunals, news by sally

‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’

3PB, 3rd August 2020

Source: www.3pb.co.uk

Courts reluctant to strike-out negligence actions against the police – UK Police Law Blog

Posted August 5th, 2020 in accidents, chambers articles, duty of care, negligence, news, police, professional conduct, road safety, striking out by sally

‘In Tindall v Chief Constable of Thames Valley Police [2020] EWHC 837 (QB) — available on Westlaw but not yet Bailii or the ICLR, the courts have again demonstrated a reluctance to strike-out a police negligence claim. This shows the difficulty of trying to show whether the police have positively created a danger / made it worse or merely refrained from protecting someone. A claim against the police for negligence will usually arise in the first instance but not, subject to exceptions, the second.’

UK Police Law Blog, 4th August 2020

Source: ukpolicelawblog.com

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