The price of discrimination: school ordered to pay £850,000 to an autistic teacher who it viewed as a ‘persistent complainer’ – Local Government Lawyer

‘Jo Moseley considers the lessons schools and colleges can learn from a recent tribunal decision which involved an autistic teacher who was dismissed after making a number of complaints about various aspects of his employment over a three year period.’

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Local Government Lawyer, 23rd October 2024

Source: www.localgovernmentlawyer.co.uk

Children being traumatised at Gatwick deportation centre, finds watchdog – The Guardian

‘Young children are being traumatised while held at a Gatwick airport deportation centre that should be closed down, a watchdog has found.’

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The Guardian, 11th October 2024

Source: www.theguardian.com

Home Office ordered to pay over £203,995.24 in damages to Nigerian man – EIN Blog

‘Adegboyega v Secretary of State for the Home Department [2024] EWHC 2365 (KB) (15 September 2024). In Mr Adegboyega’s case, the SSHD was ordered to pay over £203,995.24 in damages. A Nigerian national, Mr Adegboyega was unlawfully detained at Brook House Immigration Removal Centre for 88 days in 2017 despite having the right to remain in the UK as the spouse of an EEA national.’

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EIN Blog, 30th September 2024

Source: www.ein.org.uk

Thousands of babies witness domestic abuse each year and suffer ‘life-altering’ trauma, data reveals – The Independent

‘Nearly 130,000 babies were present at or were affected by an incident of domestic abuse in the past three years, new data from England’s police forces shows.’

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The Independent, 8th August 2024

Source: www.independent.co.uk

Trafficking victims being turned down for compensation in ‘horrendous failing’ – The Independent

‘Trafficking victims are being turned down for compensation in a “horrendous and clear failing”, the anti-slavery commissioner has said, after new figures showed how few people can access support.’

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The Independent, 23rd July 2024

Source: www.independent.co.uk

Employment and personal injury case brought by trainee naval cadet struck out – 12 King’s Bench Walk

‘Robert Oldham, pupil barrister at 12 King’s Bench Walk, highlights the lessons for practitioners in Townsend v Corporation of Trinity House [2023] EWHC 3403 (KB), a claim for bullying and harassment that was struck out.’

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12 King's Bench Walk, 3rd July 2024

Source: pilawblog.com

Council had no duty to prevent psychiatric harm – Law Society’s Gazette

‘A rare case on the duty of a local council not to cause psychiatric injury to a cab driver applying for a licence has culminated this week in the authority obtaining a charging order on the driver’s home.’

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Law Society's Gazette, 2nd May 2024

Source: www.lawgazette.co.uk

Substantial injustice – where are we now? – 39 Essex Chambers

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

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12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

Gary Glitter victim seeking six-figure sum after suing him for impacts of child abuse – The Independent

Posted March 28th, 2024 in child abuse, compensation, news, psychiatric damage by tracey

‘A victim of Gary Glitter is seeking around half a million pounds in her compensation claim against the paedophile former pop star over the psychiatric damage she suffered as a result of his abuse.’

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The Independent, 27th March 2024

Source: www.independent.co.uk

Grenfell: Met officers suing force over ‘trauma’ suffered – BBC News

‘More than 30 current and former Metropolitan Police officers are suing the force “for personal injury and losses following their role in the Grenfell Tower fire”, it says.’

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BBC News, 10th March 2024

Source: www.bbc.co.uk

Supreme Court rules on “shock” in clinical negligence cases – Law Pod UK

‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’

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Law Pod UK, 1st February 2024

Source: audioboom.com

Lord Briggs, Liability for Mental Injury – Supreme Court

Posted January 23rd, 2024 in negligence, personal injuries, psychiatric damage, speeches by tracey

‘Lord Briggs, Liability for Mental Injury, Chichester University Lecture.’

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Supreme Court, 19th January 2024

Source: www.supremecourt.uk

We all die: what are doctors’ duties to shield families from the sight of death? – Mental Capacity Law and Policy

‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’

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Mental Capacity Law and Policy, 11th January 2024

Source: www.mentalcapacitylawandpolicy.org.uk

Sexual violence victims in UK forced to wait years for counselling and support – The Guardian

‘Victims of sexual violence in England and Wales are facing waits of up to two and a half years for counselling, help with the legal system and trauma therapy, according to figures obtained by the Observer.’

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The Guardian, 16th July 2023

Source: www.theguardian.com

Church abuse victims risk new trauma over payout scheme – report – BBC News

‘A support scheme set up for Church of England abuse survivors risks re-traumatising victims, a report seen by the BBC has concluded.’

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BBC News, 1st June 2023

Source: www.bbc.co.uk

NHS trust pays woman damages after son’s body left to decompose – The Guardian

Posted February 13th, 2023 in bereavement, damages, families, hospitals, mental health, news, psychiatric damage by tracey

‘A woman has been paid damages by an NHS trust after developing post-traumatic stress disorder when a mortuary allowed her son’s body to decompose to such an extent that relatives were advised not to view it, the Guardian can reveal.’

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The Guardian, 12th February 2023

Source: www.theguardian.com

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Healthcare Enabled Fraud – 3PB

‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’

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3PB, 13th December 2022

Source: www.3pb.co.uk

No duty owed to taxi driver – Local Government Lawyer

‘A council has won an appeal in the High Court in a psychiatric injury claim brought by a taxi driver. David Green explains why.’

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Local Government Lawyer, 7th October 2022

Source: www.localgovernmentlawyer.co.uk