Ep 83: Scope of Duty and Causation: Chester v Afshar revisited – Part 2 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the second of two highlights from the recent one crown office row’s seminar – Scope of Duty and Causation: Chester v Afshar revisited. Dominic Ruck Keene dicusses the effects of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com

Ep 82: Scope of Duty and Causation: Chester v Afshar revisited – Part 1 – Law Pod UK

Posted June 13th, 2019 in causation, doctors, duty of care, negligence, news by sally

‘In this episode we are bringing the first of two highlights from the recent 1COR seminar – Scope of Duty and Causation: Chester v Afshar revisited. We hear from Jonathan Metzer as he gives his interpretation of the case.’

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Law Pod UK, 10th June 2019

Source: audioboom.com

‘We were tortured by our own father’ – BBC News

‘Jack and Sean – not their real names – suffered severe abuse from their father for more than 15 years.’

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BBC News, 13th June 2019

Source: www.bbc.co.uk

Legal aid lawyers “risk their mental health” with traumatic cases – Legal Futures

‘Legal aid lawyers in serious cases deal with trauma that is bound to have an impact on them, and they also have to start showing compassion to junior staff who suffer from burnout, a senior family barrister has said.’

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Legal Futures, 13th June 2019

Source: www.legalfutures.co.uk

Bob Higgins case: ‘I will never get a feeling of closure’ – BBC News

Posted June 13th, 2019 in child abuse, double jeopardy, news, police, sexual offences, sport, victims by sally

‘Police have apologised to six victims of football coach Bob Higgins for the way the case was handled in the 1990s.’

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BBC News, 13th June 2019

Source: www.bbc.co.uk

To shut down parliament would be simple. But it would be an outrage – The Guardian

‘The next prime minister will have the power to prevent MPs blocking a no-deal Brexit, though would he or she dare close the Commons for three months?’

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The Guardian, 13th June 2019

Source: www.theguardian.com

Pension code of practice updated as industry cracks down on scammers – OUT-LAW.com

Posted June 12th, 2019 in claims management, codes of practice, complaints, fraud, news, ombudsmen, pensions by sally

‘The updated Pensions Scam Industry Group (PSIG) code of practice (107 page / 2.6MB PDF) includes a number of changes, such as guidance designed to help trustees and providers deal with claims management companies and updates on how to notify the UK’s fraud reporting centre Action Fraud of scams.’

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OUT-LAW.com, 10th June 2019

Source: www.out-law.com

National minimum wage naming scheme suspended – OUT-LAW.com

‘A scheme for the naming of employers found to be in breach of the UK’s national minimum wage (NMW) has been suspended while the government reviews the scheme.’

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OUT-LAW.com, 12th June 2019

Source: www.out-law.com

Court refuses to increase budget for costs party brought on himself – Litigation Futures

Posted June 12th, 2019 in budgets, costs, disclosure, dispute resolution, documents, news by sally

‘The High Court has rejected a defendant’s request to revise his costs budget upwards, saying that the extra costs came from matters he either should have anticipated or brought on himself.’

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Litigation Futures, 12th June 2019

Source: www.litigationfutures.com

Litigants will not be forced online, government pledges – Legal Futures

Posted June 12th, 2019 in bills, civil justice, civil procedure rules, courts, internet, news by sally

‘The government has no intention of making court processes exclusively online and so there is no need to give way to demands to guarantee this in primary legislation, peers were told this week.’

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Legal Futures, 12th June 2019

Source: www.legalfutures.co.uk

Woman killed by electric door at underground car park – The Independent

Posted June 12th, 2019 in accidents, corporate manslaughter, fines, health & safety, inquests, news by sally

‘An electrical company has been fined £25,000 after a woman was pulled into the shutter door machinery and crushed to death.’

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The Independent, 11th June 2019

Source: www.independent.co.uk

Cocaine gang jailed after £20m seizure on M6 in Cheshire – BBC News

Posted June 12th, 2019 in conspiracy, drug offences, drug trafficking, gangs, news, sentencing by sally

‘Two drugs gang bosses have been jailed after cocaine with a street value of £20m was seized from a van on the M6 in Cheshire.’

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BBC News, 11th June 2019

Source: www.bbc.co.uk

Oxfam criticised over Haiti sex claims – BBC News

‘Oxfam has been severely criticised by the Charity Commission for the way it dealt with claims of serious sexual misconduct by its staff in Haiti.’

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BBC News, 11th June 2019

Source: www.bbc.co.uk

Child spies used by police at risk of severe harm, high court told – The Guardian

Posted June 12th, 2019 in children, human rights, judicial review, news, police, time limits by sally

‘Children recruited to spy on drug dealers, gangs, terrorists and paedophiles have fewer safeguards when handled by investigators than those arrested for minor offences such as shoplifting, the high court has heard.’

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The Guardian, 11th June 2019

Source: www.theguardian.com

MI5 engaged in ‘extraordinary and persistent illegality’ whilst handling personal data, High Court hears – Daily Telegraph

‘MI5 has been unlawfully holding people’s data collected through surveillance or hacking programmes, the high court has been told.’

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Daily Telegraph, 11th June 2019

Source: www.telegraph.co.uk

Whirlpool told to recall dryers in ‘unprecedented’ government move – BBC News

Posted June 12th, 2019 in consumer protection, fire, health & safety, news by sally

‘The government is to issue an “unprecedented” recall notice of up to 500,000 Whirlpool tumble dryers which pose a fire safety risk.’

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BBC News, 12th June 2019

Source: www.bbc.co.uk

GP ‘ghost patients’ to be investigated by NHS fraud squad – BBC News

Posted June 12th, 2019 in doctors, fraud, news, statistics by sally

‘The NHS fraud squad is investigating GPs in England amid suspicions they are claiming for non-existent patients.’

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BBC News, 12th June 2019

Source: www.bbc.co.uk

UK accused of ‘silently eroding’ EU pesticide rules in Brexit laws – The Guardian

‘The UK has been accused of “silently eroding” key environmental and human health protections in the Brexit-inspired rush to convert thousands of pages of European Union pesticide policy into British law.’

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The Guardian, 12th June 2019

Source: www.theguardian.com

A missed opportunity – Haberdashers and subrogation – Practical Law: Construction Blog

Posted June 11th, 2019 in construction industry, contracts, insurance, news by sally

‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’

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Practical Law: Construction Blog, 11th June 2019

Source: constructionblog.practicallaw.com

Continued use of Taser on autistic male was disproportionate – UK Police Law Blog

Posted June 11th, 2019 in autism, news, police, self-defence, weapons by sally

‘In Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the initial use of CS gas and Taser were justified, once the police learned of the male’s vulnerability as an autistic man and noted that his behaviour was defensive rather than aggressive, a more cautious approach should have been adopted.’

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UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com