Category: statutory duty

When is a Highway “Maintainable at Public Expense”? – Zenith PI Blog

Posted July 5th, 2019 in footpaths, local government, news, personal injuries, road safety, roads, statutory duty, statutory interpretation by sally

‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’

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Zenith PI Blog, 28th June 2019

Source: zenithpi.wordpress.com

Abandoning a procurement: not always the end of the story – Henderson Chambers

Posted July 3rd, 2019 in local government, news, public procurement, statutory duty by sally

‘In Amey Highways Ltd v West Sussex Highways [2019] EWHC 1291 (TCC), Stuart SmithJ held that a contracting authority’s decision to abandon a procurement following a challenge brought by a disappointed tenderer does not automatically extinguish that tenderer’s claim for damages.’

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Henderson Chambers, 25th June 2019

Source: www.hendersonchambers.co.uk

Costs awarded against council after failed ‘secondary ticketing’ prosecution – Local Government Lawyer

Posted July 3rd, 2019 in consumer protection, costs, local government, news, statutory duty, time limits, weights and measures by sally

‘Costs have been awarded against North Yorkshire County Council in a case over the prosecution of ticket resellers, despite a judge saying she was reluctant to do so.’

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Local Government Lawyer, 2nd July 2019

Source: www.localgovernmentlawyer.co.uk

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

Posted July 2nd, 2019 in anonymity, children, civil procedure rules, closed material, coroners, courts, death in custody, inquests, jurisdiction, limitations, local government, media, news, reporting restrictions, statutory duty, suicide by sally

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

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UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

‘Councils Cannot Blame Funding For Special Educational Needs Failures’, High Court Told – Rights Info

Posted June 28th, 2019 in budgets, children, disabled persons, duty of care, education, equality, human rights, learning difficulties, local government, news, statistics, statutory duty by sally

‘A lack of funding gives councils “no excuse” for failing to meet their legal duty to children with special educational needs and disabilities (SEND), a court has heard.’

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Rights Info, 27th June 2019

Source: rightsinfo.org

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

Posted June 7th, 2019 in appeals, children, duty of care, harassment, housing, human rights, local government, news, personal injuries, statutory duty, striking out, Supreme Court by tracey

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

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UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in causation, damages, delay, doctors, negligence, news, statutory duty by tracey

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

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UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com

Family President to issue guidance to courts on secure accommodation placements and statutory regime – Local Government Lawyer

Posted May 15th, 2019 in children, families, family courts, housing, local government, news, practice directions, statistics, statutory duty, weapons by sally

‘The President of the Family Division has said he will issue practice guidance to the courts before the end of July so that more can be done to bring secure accommodation placements within the statutory regulatory scheme.’

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Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

Councils to have statutory duty to deliver support in secure accommodation for survivors of domestic abuse – Local Government Lawyer

Posted May 14th, 2019 in bills, children, coercive & controlling behaviour, consultations, domestic violence, families, housing, local government, news, statutory duty, victims, women by sally

‘Councils are to be legally required for the first time to deliver support in secure accommodation for survivors of domestic abuse, the Government has announced.’

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Local Government Lawyer, 13th May 2019

Source: www.localgovernmentlawyer.co.uk

Arriva takes UK to court over East Midlands rail franchise – The Guardian

Posted May 13th, 2019 in contracting out, government departments, news, railways, statutory duty, transport by sally

‘Chris Grayling’s embattled transport ministry faces a second legal challenge over the way the East Midlands rail franchise was awarded, from Arriva Rail, owned by Germany’s state-backed Deutsche Bahn.’

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The Guardian, 12th May 2019

Source: www.theguardian.com

PM vows to end postcode lottery for domestic abuse victims

Posted May 13th, 2019 in bills, coercive & controlling behaviour, consultations, domestic violence, equality, housing, local government, news, statutory duty, victims, women by sally

‘The prime minister has vowed to end the postcode lottery for those escaping domestic abuse.’

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The Guardian, 13th May 2019

Source: www.theguardian.com

High court suspends Home Office policy limiting support for slavery victims – The Guardian

Posted April 18th, 2019 in benefits, forced labour, government departments, housing, limitations, news, statutory duty, time limits, trafficking in human beings, victims by sally

‘A high court judge has suspended a Home Office policy that cuts off after six weeks all statutory support to slavery victims in the UK, ruling that it risks causing “irreparable harm to very vulnerable individuals”.’

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The Guardian, 17th April 2019

Source: www.theguardian.com

Equality watchdog to decide if Labour broke law over antisemitism – The Guardian

Posted March 7th, 2019 in complaints, Equality and Human Rights Commission, inquiries, Judaism, news, political parties, religious discrimination, statutory duty by tracey

‘Britain’s equality watchdog is close to deciding if it will launch an inquiry into whether the Labour party’s handling of antisemitism cases complies with equalities law.’

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The Guardian, 6th March 2019

Source: www.theguardian.com

Inadequate risk assessment leads to liability being established: Chisolm -v- Hankins considered – Zenith PI

Posted December 20th, 2018 in duty of care, health & safety, news, statutory duty by tracey

‘In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer. The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013.’

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Zenith PI, 18th December 2018

Source: zenithpi.wordpress.com

Home Office trying to force two disabled children to leave country – The Guardian

Posted December 13th, 2018 in children, deportation, disabled persons, documents, government departments, immigration, judicial review, news, statutory duty by tracey

‘The Home Office is trying to force two British-born children with lifelong and complex physical and mental disabilities out of Britain in a move which experts say breaches UK and UN law.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

Welsh policy on FE provision for young people with learning difficulties “lawful” – Local Government Lawyer

Posted October 26th, 2018 in disabled persons, judicial review, learning difficulties, ministers' powers and duties, news, statutory duty, Wales, young persons by tracey

‘Welsh ministers and the quango Careers Wales did not act unreasonably when they decided not to reassess the educational and training needs of a young man with a learning disability, a High Court judge has ruled.’

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Local Government Lawyer, 25th October 2018

Source: www.localgovernmentlawyer.co.uk

London police force must act over excessive force claim, says court – The Guardian

Posted October 16th, 2018 in disciplinary procedures, news, police, public order, statutory duty by sally

‘The City of London police force has failed in an attempt to block disciplinary action against an officer who was accused of clubbing a student over the head and causing a life-threatening brain injury.’

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The Guardian, 15th October 2018

Source: www.theguardian.com

Rape complainants’ lawyers to challenge CPS over dropped cases – The Guardian

Posted October 1st, 2018 in Crown Prosecution Service, human rights, judicial review, news, prosecutions, rape, statutory duty by sally

‘Lawyers for rape complainants who have been “failed” by the criminal justice system are preparing to launch a legal challenge against the Crown Prosecution Service, the Guardian has learned.’

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The Guardian, 28th September 2018

Source: www.theguardian.com

Family claims win in high court challenge to Northants library cuts – The Guardian

Posted August 15th, 2018 in budgets, judicial review, libraries, local government, news, statutory duty by sally

‘A young girl and her family who took on Northamptonshire county council over its plans to close 21 libraries have claimed a win in the high court, after a judge ruled that the cash-strapped council would have to revisit its plans while “paying attention to its legal obligations”.’

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The Guardian, 14th August 2018

Source: www.theguardian.com

R (Sambotin) v Brent LBC – Arden Chambers

Posted August 9th, 2018 in disabled persons, homelessness, housing, judicial review, news, statutory duty by sally

‘The Court of Appeal has dismissed an appeal by a local authority in which they had sought to withdraw a concluded decision as to what duty was owed to a homeless person; such a decision could only be withdrawn in cases of fraud or fundamental mistake of fact, neither of which were present.’

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Arden Chambers, 31st July 2018

Source: www.ardenchambers.com