‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘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
‘In Episode 119 Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust.’
Law Pod UK, 28th July 2020
Source: audioboom.com
‘The parents of a student with severe social anxiety who took her own life on the day she was scheduled to face “the ordeal” of an important oral test have launched legal proceedings against her university, claiming she was the victim of negligence and disability discrimination.’
The Guardian, 20th July 2020
Source: www.theguardian.com
‘On 30 March 2018, whilst working on the demolition of an oil tanker on the beach at Chittagong, Bangladesh, Mr Mollah fell to his death.’
UK Human Rights Blog, 17th July 2020
Source: ukhumanrightsblog.com
‘A widow whose husband fell eight storeys to his death while breaking up a supertanker in Bangladesh can pursue a negligence claim against Maran (UK), a British company involved in the ship’s sale, according to a high court ruling.’
The Guardian, 14th July 2020
Source: www.theguardian.com
‘Claims on behalf of British soldiers falsely accused of brutality and abuses against Iraqi civilians have added to this week’s rush of group actions.’
Litigation Futures, 25th June 2020
Source: www.litigationfutures.com
‘Matt Hancock is facing legal action from the daughter of a man who died from Covid-19 in a care home in which the health secretary is accused of a “litany of failures” and misleading the public with his claim to have “thrown a protective ring” around care homes.’
The Guardian, 12th June 2020
Source: www.theguardian.com
‘On 11 May 2020, the Government published practical Guidance[1] in a bid to encourage workplaces to be made as safe as possible for returning employees during the Covid-19 pandemic. Whilst the Guidance has been developed in consultation with unions and industry bodies, there still exists the very real possibility that employees do not have sufficient confidence that their workplaces are, in fact, ‘Covid-19 secure’ and consider that by returning, they have been subjected to a detriment by their employer.’
Six Pump Court, 9th June 2020
Source: www.6pumpcourt.co.uk
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