‘Two doctors are launching a legal challenge over government guidance on personal protective equipment which they say exposes them to coronavirus infections.’
The Guardian, 24th April 2020
Source: www.theguardian.com
‘If there have been systemic flaws over PPE, ministers could be in breach of the European convention on human rights.’
The Guardian, 25th April 2020
Source: www.theguardian.com
‘The government faces being taken to court if it refuses to disclose the findings of an exercise confirming the UK could not cope with a flu pandemic.’
The Guardian, 26th April 2020
Source: www.theguardian.com
‘It is no secret that Covid-19 is placing huge strain on the NHS, with ramifications across all parts of an already stretched organisation. Hospitals nationwide have been told to prepare for a tsunami of patients demanding very high levels of care. They are having to do so while facing staff shortages and worries over the supply of essential equipment. In an effort to cope, retired doctors and not-yet-fully qualified doctors have been drafted in. In such circumstances, it is inevitable that accidents will happen and errors will be made. Once all of this is over, it is a regrettable fact that litigation will ensue. Will the law step up to protect the professionals who have done so much to save lives and ready the nation for the post-corona world? This short article argues that it can and should, most obviously by recognising that desperate circumstances should be reflected in the standard of care applied to hospitals and medical professionals working in response to Covid-19.’
39 Essex Chambers, 22nd April 2020
Source: www.39essex.com
‘The High Court has insisted that there must be a “level playing field” when it comes to recording medical examinations.’
Litigation Futures, 21st April 2020
Source: www.litigationfutures.com
‘Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer. The claimants alleged that they had suffered sexual abuse by a GP hired by the bank to carry out medical assessments of employees.’
Law Society's Gazette, 20th April 2020
Source: www.lawgazette.co.uk
‘Alaina Wadsworth, Chris Horsefield and Ben Brown, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court earlier this month, in the matter of Barclays Bank Plc v Various Claimants [2020] UKSC 13.’
UKSC Blog, 20th April 2020
Source: ukscblog.com
‘The NHS could be faced with billions of pounds of medical negligence claims if it does not grant some form of legal immunity to medics risking their lives during the pandemic, the government has been warned. The Medical Defence Union (MDU), which provides legal support to around 200,000 doctors, nurses, dentists and other healthcare workers, is calling for a debate over the need for emergency legislation.’
The Guardian, 19th April 2020
Source: www.theguardian.com
‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’
12 King's Bench Walk, 3rd April 2020
Source: www.12kbw.co.uk
‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’
Hailsham Chambers, 9th April 2020
Source: www.hailshamchambers.com
‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’
Old Square Chambers, April 2020
Source: www.oldsquare.co.uk
‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’
Ropewalk Chambers, 14th April 2020
Source: www.ropewalk.co.uk
‘For the last 20 years the boundaries of vicarious liability have expanded. In this article Roger Quickfall discusses how the Supreme Court has brought much needed clarity.’
Parklane Plowden, 7th April 2020
Source: www.parklaneplowden.co.uk
‘The High Court has held that a Court of Appeal judgment in a Civil Contempt sentence appeal involving the Respondent although it did not increase the Respondent doctor’s sentence for contempt but led to a finding of undue lenience should have been put before the Medical Practitioners Tribunal (MPT) when considering the sanction for the admitted Contempt. This is despite the General Medical Council (GMC), which exercised its right of appeal under section 40A of the Medical Act 1983 to bring the case before the High Court, having agreed not to put the judgment before the MPT prior to and during the MPT proceedings.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
‘Sexual allegations can be distinguished from criminal allegations of other types by virtue of often being prosecuted purely on the basis of one person’s word. There are invariably no witnesses to the interaction between the Complainant and Defendant during which the alleged offence is said to have been committed. There is very rarely any physical or scientific evidence capable of proving or refuting the allegation. No circumstantial evidence. No technological evidence. Sexual allegations are increasingly made weeks, months or even years after the alleged event, by which time delay has frayed memories on all sides which leaves nothing but word against word.’
Park Square Barristers, 7th April 2020
Source: www.parksquarebarristers.co.uk
‘Morrisons, heard recently in the Supreme Court, concerns vicarious liability for a rogue data controller. Together with another Supreme Court case, Barclays Bank, these two cases cover all the key issues.’
Six Pump Court, 8th April 2020
Source: www.6pumpcourt.co.uk
‘There is no doubt that the Government owes a moral duty to provide those on the frontline fighting this virus with the tools they need to work safely. Beyond the undeniable moral duty, does the Government owe them a legal duty as well?’
Nexus Chambers, 10th April 2020
Source: www.nexuschambers.com
‘A doctor who received a suspended sentence for contempt of court over a false medical report has been erased from the medical register by the High Court.’
Litigation Futures, 14th April 2020
Source: www.litigationfutures.com
‘Robert Kellar QC and Isabel McArdle of 1 Crown Office Row discuss with Rosalind English the latest Supreme Court rulings rejecting the liability of Barclays Bank for the wrongdoings of an independent contractor, on the one hand, and the liability of Morris’s Supermarket for the breach of data protection laws by one of its employees, on the other. Are enterprises to be shielded from the risks created by persons they commission to perform certain tasks?’
Law Pod UK, 9th April 2020
Source: audioboom.com
‘In the Christian Brothers case Lord Phillips of famously declared that “the law of vicarious liability is on the move”. The recent decision of the Supreme Court in Barclays Bank v. Various Claimants [2020] UKSC 13 has brought that movement to a juddering halt. The question posed by the appeal was a simple one. Is it possible to be vicariously liable for the acts of a self-employed ‘independent contractor’? The answer the Court gave in this case was ‘no’.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
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