Category: statutory duty

Slamming the door on system failure in medical negligence inquests – Jeremy Hyam QC – UK Human Rights Law Blog

Posted June 22nd, 2018 in coroners, hospitals, judicial review, news, statutory duty by tracey

‘R (Parkinson) v. HM Senior Coroner for Kent and Others. If anyone had the lingering hope that the door to argue “system failure” in any but the most exceptional case of medical negligence remained ajar after the decision of the Grand Chamber in Lopes de Sousa, then the recent Divisional Court decision in Parkinson shows the door has been well and truly slammed shut.’

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UK Human Rights Law Blog, 19th June 2018

Source: ukhumanrightsblog.com

Damages for badly performed homeless duties? – Nearly Legal

Posted June 11th, 2018 in damages, homelessness, local government, news, statutory duty by sally

‘Brief notes on a couple of cases, both, in different ways, approaching the issue of whether a homeless applicant can claim for damages arising from the bad performance of the local authority’s statutory duties.’

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Nearly Legal, 11th June 2018

Source: nearlylegal.co.uk

Council publishes independent review – Sentencing Council

Posted April 23rd, 2018 in reports, sentencing, statutory duty by tracey

‘In 2017 the Sentencing Council commissioned an independent academic to carry out an internal review to support the Council in considering how best it could exercise its statutory functions and to make recommendations on areas of work it might want to consider taking forward in the future. The work was undertaken by Professor Sir Anthony Bottoms, Emeritus Professor at the Institute of Criminology, University of Cambridge, and his colleague, Dr Jo Parsons. The Council welcomes this Review, which we are publishing today alongside a summary of the work we are taking forward as a result.’

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Sentencing Council, 18th April 2018

Source: http://sentencingcouncil.judiciary.gov.uk

Removing a party to proceedings: A Local Authority v F and others – Family Law

Posted March 28th, 2018 in care orders, human rights, local government, news, placement orders, statutory duty by tracey

‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’

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Family Law, 27th March 2018

Source: www.familylaw.co.uk

“I made him aware he is very lucky” – Nearly Legal

Posted December 11th, 2017 in homelessness, housing, local government, news, ombudsmen, reports, statutory duty by sally

‘A Local Government Ombudsman Report on the actions of Maidstone Borough Council towards a homeless household makes for depressing reading. Both for the actions (and inactions) of the Council and for what it lays bare about the attitude to the homeless.’

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Nearly Legal, 10th December 2017

Source: nearlylegal.co.uk

Human rights commission to launch its own Grenfell fire inquiry – The Guardian

Posted December 11th, 2017 in Equality and Human Rights Commission, fire, housing, human rights, inquiries, local government, London, news, statutory duty by sally

‘Britain’s human rights watchdog is to launch an inquiry into the Grenfell Tower fire that will examine whether the government and the Royal Borough of Kensington and Chelsea failed in their duties to protect life and provide safe housing.’

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The Guardian, 9th December 2017

Source: www.theguardian.com

Intentional Homelessness: Whether 2-Years Renting Amounted to Settled Accommodation – Garden Court Chambers

Posted November 24th, 2017 in appeals, homelessness, housing, landlord & tenant, local government, London, news, statutory duty, statutory interpretation by sally

‘In November 2010 the appellant, Mr Doka, was evicted from his home at Laburnam Close in South East London on the basis of rent arrears. His former employer, Mr Theobald, subsequently allowed him to stay in his home in Dartford. The arrangement was initially meant to be a temporary one. But after a few weeks the arrangement was put on a more stable footing, with Mr Theobald agreeing to provide what he described as ‘full-time accommodation’, allowing Mr Doka to sleep in his son’s bedroom (while his son was away at University) for £500 a month. Mr Theobald told Mr Doka that he could live there for two-three years, while his son finished at University, though Mr Doka would be required to stay with friend’s on occasion if Mr Theobald’s son returned and needed the use of the room.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Local Authority Decisions on Level of Fees They Will Pay For Residential Care Under National Assistance Act 1948 (Pre-Care Act 2014) – Garden Court Chambers

Posted November 23rd, 2017 in local government, news, residential care, statutory duty, statutory interpretation by sally

‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Ordinary Residence – Whether Duty Arose Under 21 National Assistance Act 1948 – s. 21 A Duty of Last Resort (A Pre-Care Act 2014 Case) – Garden Court Chambers

Posted November 22nd, 2017 in autism, community care, disabled persons, judicial review, learning difficulties, local government, London, news, social services, statutory duty by sally

‘This case was decided on the basis of the legal regime now replaced by the Care Act 2014 (in force since 1 April 2015).’

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Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers

Posted November 22nd, 2017 in compensation, consultations, housing, insurance, interest, lord chancellor, news, personal injuries, statute law revision, statutory duty by sally

‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’

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Byrom Street Chambers, September 2017

Source: www.byromstreet.com

Further education college wins court battle with vending company over fire – Local Government Lawyer

Posted November 22nd, 2017 in damages, evidence, expert witnesses, fire, judges, local government, news, statutory duty by sally

‘A judge has held a vending machine company responsible for fire damage at a further education college after a complex dispute involving conflicting views among expert witnesses.’

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Local Government Lawyer, 21st November 2017

Source: www.localgovernmentlawyer.co.uk

High Court hears judicial review challenge over £2bn development vehicle – Local Government Lawyer

Posted October 30th, 2017 in judicial review, limited liability partnerships, local government, London, news, planning, public private partnerships, sale of land, statutory duty by sally

‘The High Court has this week begun hearing a judicial review challenge to the London Borough of Haringey’s decision to establish the Haringey Development Vehicle (HDV), which is said to be the largest local authority development vehicle of its kind.’

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Local Government Lawyer, 26th October 2017

Source: www.localgovernmentlawyer.co.uk

The felling of protest? – UK Police Law Blog

Posted October 2nd, 2017 in contracting out, demonstrations, environmental protection, human rights, injunctions, local government, news, statutory duty, trees, trespass by sally

‘In Sheffield City Council v Fairhall [2017] EWHC 2121 (QB), the Court has been asked to consider the extent to which the decision in DPP v Jones [1999] UKHL 5; [1999] 2 AC 240 can be relied upon as a right to conduct peaceful but disruptive protest on the highway.’

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UK Police Law Blog, 30th September 2017

Source: ukpolicelawblog.com

Data law: don’t expect a soft start, lawyers warned – Law Society’s Gazette

Posted October 2nd, 2017 in bills, data protection, EC law, news, privacy, statutory duty, statutory interpretation by sally

‘Any hope that a tough new data protection regime will be enforced lightly at first were dashed this week by a senior figure at the Information Commissioner’s Office (ICO). The EU General Data Protection Regulation (GDPR) comes into force on 25 May next year, regardless of domestic legislation currently before parliament.’

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Law Society's Gazette, 29th September 2017

Source: www.lawgazette.co.uk

Judge rules council and CCG not required to fund visits of mother – Local Government Lawyer

Posted September 22nd, 2017 in expenses, local government, mental health, news, statutory duty by sally

‘Central Bedfordshire Council and North Norfolk Clinical Commissioning Group need not meet the travelling expenses of a woman who makes a lengthy weekly trip to see her son in a mental hospital.’

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Local Government Lawyer, 21st September 2017

Source: www.localgovernmentlawyer.co.uk

UK legal claims grow over exposure at work to toxic diesel fumes – The Guardian

Posted September 18th, 2017 in employment, hazardous substances, health & safety, negligence, news, pollution, statutory duty by tracey

‘Legal claims over exposure to diesel exhaust fumes at work are growing as unions warn toxic air in the workplace is a ticking time bomb on a par with asbestos.’

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The Guardian, 16th September 2017

Source: www.theguardian.com

R (Davey) v Oxfordshire CC in the Court of Appeal – Community Care Blog

Posted September 8th, 2017 in community care, disabled persons, local government, news, statutory duty, statutory interpretation, treaties by tracey

‘Last Friday the Court of Appeal delivered judgment in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308. This is the first time the Court of Appeal has examined the provisions of the Care Act 2014.’

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Community Care Blog, 7th September 2017

Source: communitycare11kbw.com

Use of cloud-based communications raises challenges over compliance with FOI laws, says watchdog – OUT-LAW.com

Posted September 4th, 2017 in disclosure, documents, freedom of information, news, statutory duty, telecommunications by sally

‘The use of cloud-based communications tools by employees of public sector bodies presents challenges over the way those organisations comply with freedom of information (FOI) laws in the UK, the information commissioner has said.’

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OUT-LAW.com, September 2017

Source: www.out-law.com

Grenfell Tower fire: lawyers warn Theresa May she may be breaching inquiry laws – The Guardian

Posted September 4th, 2017 in equality, fire, inquiries, legislation, London, news, statutory duty by sally

‘Lawyers acting for the family of one of the victims of the Grenfell Tower disaster have written to the prime minister, warning her that she may be in breach of key laws relating to the public inquiry.’

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The Guardian, 4th September 2017

Source: www.theguardian.com

The Wages of Sin is: the Ability to Rely on Section 12 – Panopticon

Posted August 25th, 2017 in costs, freedom of information, news, statutory duty, statutory interpretation by sally

‘What happens when your FOIA request to a public authority is met with the response that it would breach the cost limits set under section 12 to respond to the request because the authority’s record keeping systems are in a particular (i.e. poor) state? In a word: tough.’

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Panopticon, 24th August 2017

Source: panopticonblog.com