duty of care – Page 6 – Current Awareness

Does the Buck Stop? Legal Liability for Death from Covid-19 – Garden Court Chambers

Posted June 12th, 2020 in care homes, chambers articles, coronavirus, duty of care, government departments, health, health & safety, inquiries, news by sally

‘“If the government were an employee of mine I would have sacked them for gross negligence” – so said Anita Astley, manager of Wren Hall nursing home in Nottinghamshire, where 10 residents died from Covid-19 and 48 carers caught the virus in a three week period[1]. Ms Astley’s complaint poses in stark terms a question which has been circulating since the full and devastating extent of the consequences of the pandemic have become clear: what, if any, legal liability does the state have for deaths caused by Covid-19?’

Garden Court Chambers, 9th June 2020

Source: www.gardencourtchambers.co.uk

COVID-19, Risk Assessments and Implementing Health and Safety Measures for a Return to Work – Thomas More Chambers

Posted June 10th, 2020 in chambers articles, coronavirus, duty of care, employment, health & safety, news by sally

‘On 10 May 2020, the Prime Minister announced changes in the Government’s guidance on working. All employees and workers who could work from home should continue to do so, but those who could not should return to their workplace.’

Thomas More Chambers, 8th June 2020

Source: www.thomasmore.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, duty of care, employment, families, health, health & safety, news by sally

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

Posted June 5th, 2020 in accidents, chambers articles, coronavirus, duty of care, employment, health, health & safety, news, personal injuries by sally

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

The Coronavirus and Employers’ Liability for PPE – Part 2: Liability at Common Law by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted May 29th, 2020 in coronavirus, duty of care, employment, health & safety, news, protective equipment by sally

‘Employers owe a personal or non-delegable duty of care to their employees at common law, which extends to the provision of PPE. Neill LJ in Crouch -v- British Rail Engineering Ltd [1988] I.R.L.R. 404 said that the extent of the duty in respect of PPE would depend on:

“the risk of injury, the gravity of any injury which may result, the difficulty of providing equipment … the availability of that protective equipment … and the distance which any individual workman might have to go to fetch it, the frequency on which the [claimant] was likely to need that protective clothing or equipment and, last but not least, the experience and degree of skill to be expected of the [claimant].”’

Ropewalk Chambers, 5th May 2020

Source: www.ropewalk.co.uk

Has the government broken the law by putting NHS staff in harm’s way? – The Guardian

Posted April 27th, 2020 in coronavirus, doctors, duty of care, government departments, health, health & safety, hospitals, human rights, inquiries, news, nurses by sally

‘If there have been systemic flaws over PPE, ministers could be in breach of the European convention on human rights.’

The Guardian, 25th April 2020

Source: www.theguardian.com

Whistleblowers: A Novel Approach – Cloisters

Posted April 24th, 2020 in chambers articles, disclosure, duty of care, news, whistleblowers by sally

‘Daphne Romney QC and Schona Jolly QC consider the recent High Court judgment in Rihan v Ernst & Young Global Ltd & others [2020] EWHC 901 (QB), which provides an interesting new angle for employment, international and commercial lawyers whose clients are not entitled to the statutory whistleblowing protection embedded within the Employment Rights Act 1996. Whilst the reach of the new duty of care is likely to be limited to very specific situations, it imposes a new duty of care on employers to protect against economic loss, in the form of loss of future employment opportunity, by providing an ethically safe work environment, free from professional misconduct (or indeed criminal conduct) in a professional setting.’

Cloisters, 21st April 2020

Source: www.cloisters.com

Vaccination of Children in Care – St Philips Chambers

Posted April 23rd, 2020 in care orders, chambers articles, children, consent, duty of care, families, local government, medical treatment, news, parental rights, vaccination by sally

‘In the coming weeks and months, we are likely to be hearing more and more about a vaccine against coronavirus, and possible pressure and expectations to relax the regulations and timescales around trialling it. Parents are likely to be asked to consider and consent to a vaccine that they may have reservations about. Of course, we currently live in a country where recommended vaccinations are not mandatory, but require parents’ consent. It is not inconceivable that England & Wales will move to effectively requiring mandatory vaccination in order to access other services such as schools and nurseries. Pause for a minute and think of the implications for local authorities and foster placements.’

St Philips Chambers, 14th April 2020

Source: st-philips.com

The Coronavirus Act 2020 and Adult Social Care – 4-5 Gray’s Inn Square

Posted April 17th, 2020 in chambers articles, coronavirus, duty of care, easements, local government, news, social services, statutory interpretation by sally

‘This note is intended to assist local authorities when considering their Care Act 2014 duties following the Coronavirus Act 2020 (“The Act”) coming into force on 3 March 2020[1]. The Secretary of state issued Guidance on 01 April 2020. The Act contains provision for “easements” of Care Act 2014 duties during the emergency.’

4-5 Gray's Inn Square, 7th April 2020

Source: www.4-5.co.uk

Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers

Posted April 15th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, local government, mental health, news by sally

‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’

39 Essex Chambers, 7th April 2020

Source: www.39essex.com

What About – ‘PPE – Does the Government owe a legal duty to provide it?’ – Nexus Chambers

Posted April 14th, 2020 in chambers articles, coronavirus, doctors, duty of care, employment, government departments, health, health & safety, hospitals, inquiries, news, nurses, statutory duty by sally

‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’

Nexus Chambers, 10th April 2020

Source: www.nexuschambers.com

Articles 3 and 8 in the Time of Coronavirus: A New Case With Implications for Local Authorities Using the Care Act ‘Easements’ – Coronavirus: Guidance for Lawyers and Businesses

Posted April 14th, 2020 in chambers articles, coronavirus, duty of care, easements, hospitals, human rights, local government, mental health, news by sally

‘The Care Act ‘easements’ were brought into force on 31 March 2020. Per the statutory guidance, local authorities may take a decision to apply the new and much higher threshold for receiving care. That threshold states that a person is not entitled to receive care and support from a local authority as a matter of right unless it is necessary to prevent a breach of the person’s human rights – most likely to be Articles 2, 3 or 8 of the European Convention. Arianne Kelly looks at the first case on the subject.’

Coronavirus: Guidance for Lawyers and Businesses, 14th April 2020

Source: lawinthetimeofcorona.wordpress.com

Gethin Thomas: Back to the Wellbeing of Future Generations Bill – UK Constitutional Law Association

Posted April 8th, 2020 in bills, climate change, constitutional law, consultations, coronavirus, duty of care, environmental protection, health, news, Wales by sally

‘On 24 March 2020, the Wellbeing of Future Generations Bill 2020 was introduced into the House of Commons, for its first reading, by Caroline Lucas MP. The Bill had been introduced into the House of Lords on 21 October 2019, by Baroness Jenny Jones, on behalf of Lord John Bird (who is best known as the founder of Big Issue). Whilst the Bill is not supported by the Government, it has garnered cross party support, and the Bill’s co-sponsors are drawn from all of the major UK political parties.’

UK Constitutional Law Association, 7th April 2020

Source: ukconstitutionallaw.org

Inquests into deaths in custody during the COVID-19 pandemic – UK Human Rights Blog

Posted April 8th, 2020 in coronavirus, death in custody, duty of care, health, health & safety, human rights, inquests, news, prisons by sally

‘Following the sad news of the first death in custody from COVID-19, a question arises: what are likely to be the issues at inquests into the deaths in custody from COVID-19?’

UK Human Rights Blog, 6th April 2020

Source: ukhumanrightsblog.com

Court rejects “fanciful” conveyancing negligence claim – Legal Futures

Posted April 7th, 2020 in conveyancing, damages, duty of care, law firms, negligence, news, roads by sally

‘The High Court has rejected a “fanciful” £600,000 conveyancing negligence claim against the law firm Gateley, based on an error admitted by the firm.’

Legal Futures, 6th April 2020

Source: www.legalfutures.co.uk

Personal Protective Equipment: The Basic Legal Principles and Important Government Guidance – Coronavirus: Guidance for Lawyers and Businesses

Posted April 3rd, 2020 in chambers articles, coronavirus, duty of care, employment, health, health & safety, news by sally

‘The term “PPE” has become one of general comment and concern. Here our newest recruit at Kings Jasmine Chan explains the Regulations, the duties owed and the government guidance in relation to PPE and coronavirus.’

Coronavirus: Guidance for Lawyers and Businesses, 2nd April 2020

Source: lawinthetimeofcorona.wordpress.com

Do Medical Practitioners have a duty to disclose Genetic Disorders despite the Principles of Confidentiality? – Exchange Chambers

Posted April 1st, 2020 in chambers articles, confidentiality, damages, doctors, duty of care, families, health, murder, news, pregnancy, psychiatric damage by sally

‘An analysis of the ethical and legal considerations underpinning a decision to inform a patient’s relatives about a diagnosis of a genetic disorder in light of the recent judgment handed down in ABC v St Georges Healthcare and Others [2020] EWHC 455 (QB).’

Exchange Chambers, 25th March 2020

Source: www.exchangechambers.co.uk

What The Coronavirus Bill Could Mean For Mental Health – Each Other

Posted March 26th, 2020 in bills, coronavirus, duty of care, emergency powers, human rights, local government, mental health, news, social services by sally

‘The UK government’s Emergency Coronavirus Bill paves the way for widespread changes to legislation that could potentially have an alarming impact on our human rights, especially in the area of mental health.’

Each Other, 24th March 2020

Source: eachother.org.uk

An Introduction to Cryptocurrency – New Square Chambers

Posted March 25th, 2020 in chambers articles, cryptocurrencies, duty of care, financial regulation, news, taxation, trusts by sally

‘The first thing to say is that you should learn as much about holding and transacting with cryptocurrencies as you have time for.’

New Square Chambers, March 2020

Source: www.newsquarechambers.co.uk

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