24/09/2024 – Current Awareness

‘UK securities litigation claim numbers are rising due to factors such as increased availability of litigation finance from third party funders, the growth of shareholder activism, and the use of litigation as a tool for corporate governance and compliance.’

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OUT-LAW.com, 23rd September 2024

Source: www.pinsentmasons.com

Nursing home held not to be a public authority for the purposes of an Article 2 claim – UK Human Rights Blog

Posted September 24th, 2024 in care homes, human rights, mental health, negligence, news by tracey

‘In Sammut v Next Steps Mental Healthcare Ltd and Greater Manchester Mental Health Foundation Trust [2024] EWHC 2265(KB), HHJ Bird sitting as a judge of the High Court gave summary judgment in favour of the first defendant in a claim against a care home brought on behalf of the estate of a mental health patient for breach of ECHR Article 2. HHJ Bird held that the care home was not engaged in public functions for the purposes of section 6 of the Human Rights Act 1998 and was not a public authority. Further, the alleged breach of Article 2 was in reality no more than an allegation of clinical negligence outwith the scope of Article 2.’

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UK Human Rights Blog, 24th September 2024

Source: ukhumanrightsblog.com

Ombudsman recommends council review triaging procedures for Deprivation of Liberty Safeguards requests – Local Government Lawyer

Posted September 24th, 2024 in deprivation of liberty safeguards, families, local government, news, ombudsmen, powers of attorney by tracey

‘The Local Government and Social Care Ombudsman has found Stockport Metropolitan Borough Council at fault for depriving a woman of her liberty without an authorisation, and failing to involve her attorney in a best interests meeting to decide on a new placement.’

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Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

Ombudsman upholds care home’s complaint about funding for resident – Local Government Lawyer

Posted September 24th, 2024 in care homes, local government, news, ombudsmen by tracey

‘The Local Government and Social Care Ombudsman has found Leicester City Council at fault in relation to a lack of funding support for a resident in a care home, finding that its actions led to a “financial shortfall” and a “missed opportunity to reduce the risk of harm to the Home residents”.’

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Local Government Lawyer, 23rd September 2024

Source: www.localgovernmentlawyer.co.uk

AI use among lawyers soaring but impact on fees uncertain – Legal Futures

Posted September 24th, 2024 in artificial intelligence, fees, legal profession, legal services, news by tracey

‘Four out of five lawyers are currently using or planning to use artificial intelligence (AI) tools, according to new research – but the impact on pricing remains unclear.’

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Legal Futures, 24th September 2024

Source: www.legalfutures.co.uk

Upper Tribunal dismisses landlord’s appeal despite ‘serious procedural irregularity’ in rent repayment case – Law Society’s Gazette

Posted September 24th, 2024 in default judgments, landlord & tenant, news, rent, repayment by tracey

‘The Upper Tribunal has found that although the First-Tier Tribunal’s approach to a rental repayment claim was flawed “by reason of a serious procedural irregularity”, it was not in the interests of justice to set aside its decision.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

Serial litigant’s history does not make claim vexatious, rules tribunal – Law Society’s Gazette

Posted September 24th, 2024 in autism, disability discrimination, disabled persons, employment tribunals, news, vexatious litigants by tracey

‘A serial litigant accused of pursuing unrealistic job applications to then bring discrimination claims has been allowed to pursue his latest action.’

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Law Society's Gazette, 23rd September 2024

Source: www.lawgazette.co.uk

Former police officer who stalked colleague banned – BBC News

Posted September 24th, 2024 in guilty pleas, news, police, restraining orders, stalking by tracey

‘A former police officer who stalked a female colleague has been barred from the profession.’

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BBC News, 24th September 2024

Source: www.bbc.co.uk

Campbell family win Bluebird trademark battle – BBC News

Posted September 24th, 2024 in compensation, news, trade marks, trade names by tracey

‘The family of Donald Campbell have won a battle to block Bluebird’s restorer registering a trademark featuring the craft’s name.’

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BBC News, 24th September 2024

Source: www.bbc.co.uk

Crime victims in UK fight ‘devastating’ practice that stops appeal after a case is dropped – The Guardian

Posted September 24th, 2024 in appeals, crime, Crown Prosecution Service, miscarriage of justice, news, prosecutions, sexual offences, sleepwalking, victims by tracey

‘A “draconian” practice that stops crime victims challenging last-minute decisions to drop their cases is leading to miscarriages of justice and must urgently be reformed, campaigners say.’

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The Guardian, 21st September 2024

Source: www.theguardian.com

Hospital where baby died from infected feed had ‘entirely unsafe system’ – The Guardian

Posted September 24th, 2024 in children, food, food hygiene, hospitals, inquests, news by tracey

‘An NHS trust that gave four newborn babies contaminated feed has admitted that it was operating “an entirely unsafe system” at the time they became infected.

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The Guardian, 24th September 2024

Source: www.theguardian.com

Met Police officer committed ‘gross misconduct’ when holding Taser to Black boy’s neck – The Independent

Posted September 24th, 2024 in disciplinary procedures, diversity, equality, London, minorities, news, police, professional conduct, restraint, stop and search, weapons, young persons by tracey

‘A Metropolitan Police officer has been found to have committed gross misconduct after holding a Taser against a 16-year-old Black boy’s neck, the police watchdog has said.’

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The Independent, 23rd September 2024

Source: www.independent.co.uk