“The relationship between public bodies and independent contractors has been thrown into sharp relief by yesterday’s Supreme Court judgment in the Woodland case. Local Government Lawyer looks at the reaction to the ruling.”
Local Government Lawyer, 24th October 2013
Source: www.localgovernmentlawyer.co.uk
“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”
BBC News, 23rd October 2013
Source: www.bbc.co.uk
“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”
WLR Daily, 18th October 2013
Source: www.iclr.co.uk
“Ministers must launch an inquiry into how whistle-blowers are treated in the wake of the Orchid View care home scandal, MP Charlotte Leslie has said.”
BBC News, 20th October 2013
Source: www.bbc.co.uk
“A ‘sustained legal assault’ on British forces could have ‘catastrophic consequences’ for the safety of the nation, an influential right-leaning think tank has warned.”
BBC News, 18th October 2013
Source: www.bbc.co.uk
“The moment a policeman found a girl who had been mauled to death by four dogs was the most distressing sight of his life, a court has heard.
At Wigan Magistrates Court, 45-year-old Concannon was given a 16-week suspended jail term after admitting causing suffering to the four animals.”
BBC News, 18th October 2013
Source: www.bbc.co.uk
“Parties to litigation in the civil courts need more guidance about what constitutes an ‘appropriate’ costs budget and the consequences of not meeting the requirements of the new costs management regime, an expert has said.”
OUT-LAW.com, 8th October 2013
Source: www.out-law.com
“The latest High Court decision refusing relief from sanctions shows how tough the courts are becoming in implementing the Jackson reforms, a QC has warned.”
Litigation Futures, 9th October 2013
Source: www.litigationfutures.com
“A High Court judge has expressly declined to approve the costs budget of both sides of a construction dispute on the grounds that they were ‘disproportionate and unreasonable’.”
Litigation Futures, 4th October 2013
Source: www.litigationfutures.com
“A mother was on Thursday found guilty of starving her four-year-old son to death and letting his body mummify unseen in a cot for two years.”
The Guardian, 3rd October 2013
Source: www.guardian.co.uk
“The controversial section 69 of the Enterprise and Regulatory Reform Act 2013 – which removes strict liability for breaches of certain health and safety regulations – has come into force today.”
Litigation Futures, 1st October 2013
Source: www.litigationfutures.com
“Two council workers have been suspended and face further disciplinary action following a report that found officials had failed to care for an 81-year-old woman who died after being left without food or medication for nine days.”
The Guardian, 16th September 2013
Source: www.guardian.co.uk
“Manslaughter charges could be brought against the South Yorkshire police force and senior officers on duty when 96 people died at the Hillsborough football stadium on 15 April 1989, according to the senior detective leading a new criminal investigation into the disaster.”
The Guardian, 12th September 2013
Source: www.guardian.co.uk
“A tycoon has been ordered to pay almost £1m for damage caused to ancient woodland in Cumbria.”
BBC News, 2nd August 2013
Source: www.bbc.co.uk
Vernon Knight Associates v Cornwall County Council [2013] EWCA Civ 950; [2013] WLR (D) 329
“A landowner owed a measured duty in both negligence and nuisance to take reasonable steps to prevent natural occurrences on his land from causing damage to neighbouring properties. In determining the content of that duty, the court had to consider what was fair, just and reasonable as between the neighbouring parties, having regard to all the circumstances including the extent of the foreseeable risk, the available preventive measures, the costs of such measures and the parties’ resources.”
WLR Daily, 30th July 2013
Source: www.iclr.co.uk
“A coroner has blamed a lecturer and his wife for the ‘tragic and preventable death’ of a 15-year-old girl who took an ecstasy overdose at their home during an unsupervised party.”
Daily Telegraph, 1st August 2013
Source: www.telegraph.co.uk
“The family of a Royal Military Police officer killed by a crowd of Iraqis is suing the Ministry of Defence for negligence.”
The Guardian,
Source: www.guardian.co.uk
“The long running case of Padden v Bevan Ashford [2013] EWCA Civ 824 has reached its dénouement. It is a case not without its human interest, and legally it illustrates important points of practice and principle which arise when a solicitor is instructed to give independent advice on what may well be an improvident transaction, as well, perhaps, on the vagaries of some county court judges. It has involved two county court trials, including a retrial after one county court judge decided that the defendants had no case to answer, and that to ‘foist’ a duty to give ‘full’ advice on a solicitor who simply agreed to see someone who had come in off the street was ‘an absurdity’. To the concern of many solicitors, but quite correctly, both the subsequent judge upon a re-trial the Court of Appeal (twice) decided that the case was anything but absurd. In the end, the solicitors were liable.”
Sovereign Chambers, 30th July 2013
Source: www.sovereignchambers.co.uk
“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”
Full story (PDF)
4 New Square Chambers, 17th July 2013
Source: www.4newsquare.com
Regina v Turbill; Regina v Broadway [2013] WLR (D) 279
“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”
WLR Daily, 12th July 2013
Source: www.iclr.co.uk
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