Family of self-employed carpenter secure asbestos cancer settlement against council – Local Government Lawyer

‘The family of a Kent carpenter who died from mesothelioma, a cancer caused by asbestos, have agreed a six-figure settlement in a claim against Medway Council, after arguing the local authority owed him a duty of care as the occupier of the site he was working on’

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Local Government Lawyer, 10th March 2025

Source: www.localgovernmentlawyer.co.uk

No assumption of responsibility after release from police custody: Dobson v Leicestershire Police – 12 KBW

‘In the tragic case of Dobson v Chief Constable of Leicestershire Police [2025] EWHC 272 (KB), HHJ Bird examined whether the police had assumed responsibility for the wellbeing of a person released from custody. The court held that there was no assumption of responsibility, and the claim failed. Alexander Cornelius, pupil barrister at 12KBW, analyses the reasoning and parties’ choice of expert evidence.’

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12 KBW, 5th March 2025

Source: pilawblog.com

What is the right approach to Care Act assessments? – Local Government Lawyer

Posted February 28th, 2025 in care homes, disabled persons, duty of care, housing, local government, news by Lily

‘In a judgment giving guidance on the approach to be taken to Care Act 2014 assessments, the High Court has distinguished between “provision of care and support for which a home is needed” and “provision which a home would need so as to be equipped for the relevant person”, holding that the former can trigger a duty to accommodate under the Care Act 2014 whereas the latter cannot.’

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Local Government Lawyer, 28th February 2025

Source: www.localgovernmentlawyer.co.uk

Homelessness and health – Local Government Lawyer

‘Julia Jones and Julie Bennett look at government guidance which suggests that the discharging from hospital of people at risk of or experiencing homelessness is a window of opportunity to address an individual’s complex needs.’

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Local Government Lawyer, 20th February 2025

Source: www.localgovernmentlawyer.co.uk

UK slot machine operator fined over cancer patient’s activity – The Guardian

Posted February 14th, 2025 in cancer, duty of care, fines, gambling, news by Lily

‘A high street slot machine operator has been fined almost £100,000 by the gambling regulator after the Guardian revealed how staff allegedly exploited a vulnerable cancer patient.’

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The Guardian, 13th February 2025

Source: www.theguardian.com

Police liability, failures to warn, and difficulties with the ‘interference principle’ – 12 King’s Bench Walk

Posted February 10th, 2025 in chambers articles, domestic violence, duty of care, news, police, third parties by tracey

‘Jessica Muurman examines the judgment in Chief Constable of Northamptonshire v Woodcock [2025] EWCA Civ 13, in which the Court of Appeal examined conjoined cases raising the issue of police liability for harm caused by the criminal actions of third parties.’

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12 King's Bench Walk, 5th February 2025

Source: 12kbw.co.uk

Liability for omissions: Is the law as it should be? – 12 King’s Bench Walk

Posted November 14th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33.’

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12 King’s Bench Walk, 6th November 2024

Source: www.12kbw.co.uk

Liability of Police Authorities and the Decision in Tindall v Chief Constable of Thames Valley Police – Ropewalk Personal Injury Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘On 23 October 2024, the Supreme Court handed down its decision in Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33. The decision is the latest in many higher court decisions regarding the liability of police authorities to the public where they suffer injury.’

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Ropewalk Personal Injury Blog, 11th November 2024

Source: ropewalk.co.uk

Police not liable for failing to protect someone from injury: Supreme Court – UK Human Rights Blog

Posted November 12th, 2024 in duty of care, negligence, news, police, road safety, Supreme Court, vicarious liability by tracey

‘Tindall and another (Appellants) v Chief Constable of Thames Valley Police (Respondent) [2024] UKSC 33, on appeal from [2022] EWCA Civ 25. The Supreme Court has affirmed that there is no duty of care, and hence no liability in negligence, for failing to confer a benefit, which includes failing to protect a person from injury, as opposed to making matters worse. This applies equally to public authorities such as the police as it does to private individuals.’

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UK Human Rights Blog, 11th November 2024

Source: ukhumanrightsblog.com

AK on Shipping, Monthly, Issue 8 – 4-5 Gray’s Inn Square

Posted November 5th, 2024 in chambers articles, contracts, duty of care, news, shipping law, ships, theft by tracey

‘This month’s issue reviews the summaries of two cases decided in May 2024: (i) MUR Shipping BV v RTI Ltd [2024] UKSC 18 and (ii) Great Lakes Reinsurance (UK) Plc v RAV Bahamas Ltd [2024] UKPC 11.’

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4-5 Gray’s Inn Square, 4th November 2024

Source: www.4-5.co.uk

Integrated care board breached duty to provide lawful health care plan: High Court – Local Government Lawyer

‘North Central London Integrated Care Board was in breach of its duty to ensure a severely disabled boy has a lawful health care plan, the High Court has found.’

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Local Government Lawyer, 31st October 2024

Source: www.localgovernmentlawyer.co.uk

Preventing sexual harassment in the workplace – how to prepare for the party season – Kingsley Napley Employment Law Blog

‘It seems somewhat apt, then, that the mandatory duty on employers to take reasonable steps to prevent sexual harassment in the workplace has come into force (the Preventative Duty)—just in time for this year’s Christmas parties. Employers have long been subject to a legal duty to provide a safe and supportive working environment for all staff but this new duty takes things further.’

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Kingsley Napley Employment Law Blog, 30th October 2024

Source: www.kingsleynapley.co.uk

The cost of success for women’s football; are women footballers paying the price for popularity? – 12 King’s Bench Walk

Posted September 25th, 2024 in chambers articles, duty of care, employment, negligence, news, sport, women by tracey

‘In recent years, women’s football has experienced an unprecedented surge in popularity and commercialisation. This growth has been beneficial in many respects, but brings to the forefront significant concerns regarding player welfare, particularly the prevalence of injuries such as anterior cruciate ligament (ACL) injuries. These issues have potentially significant legal and regulatory implications.’

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12 King's Bench Walk, 19th September 2024

Source: 12kbw.co.uk

Venues and clubs to face fines up to £18 million as part of new anti-terrorism measures – The Independent

Posted September 13th, 2024 in bills, duty of care, fines, news, terrorism by tracey

‘Venues and nightclubs could face fines of up to £18 million if they flout new rules to protect visitors and staff from terror attacks.’

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The Independent, 12th September 2024

Source: www.independent.co.uk

Coroner says ‘no causal link’ between The Jeremy Kyle Show and death of guest – The Independent

Posted September 11th, 2024 in coroners, duty of care, families, inquests, media, mental health, news, suicide by tracey

‘A coroner has ruled that The Jeremy Kyle Show’s treatment of Steve Dymond was not a “contributory factor” to his death.’

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The Independent, 10th September 2024

Source: www.independent.co.uk

Who knew? Or ought to have known? – Nearly Legal

Posted August 27th, 2024 in defective premises, duty of care, landlord & tenant, news, repairs by tracey

‘Mann v Martin (2024) EW Misc 23 (CC). Standalone section 4 Defective Premises Act 1972 cases are quite unusual. It is more common as an additional/secondary head in a disrepair claim, but this county court case is such a relatively rare beast.’

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Nearly Legal, 26th August 2024

Source: nearlylegal.co.uk

EHRC consultation: Updated guidance on sexual harassment – Kingsley Napley Employment Law Blog

‘The Equality and Human Rights Commission (EHRC) has today launched a consultation on its long awaited updated technical guidance on sexual harassment and harassment at work.’

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Kingsley Napley Employment Law Blog, 9th July 2024

Source: www.kingsleynapley.co.uk

MoD to compensate thousands of veterans over hearing loss – BBC News

‘Thousands more ex-servicemen and women will receive compensation for hearing loss suffered during training or combat, the BBC has learned.’

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BBC News, 8th July 2024

Source: www.bbc.co.uk

Did you miss? Davies v Bridgend County Borough Council [2024] UKSC 15 – Gatehouse Chambers

‘The claim arose from the encroachment of Japanese knotweed from the appellant local authority’s (“LA”) land into the respondent’s garden. The respondent had purchased his property in 2004, after the encroachment of Japanese knotweed had begun. It was held that the LA could not be blamed for the encroachment at this time. An actionable tort of private nuisance however arose in 2013, when the local authority should have become aware of the risk of damage and loss of amenity to the respondent’s land as a result of information about Japanese knotweed which became publicly available at that time. The LA was held liable in private nuisance for having failed to prevent the encroachment between 2013 to 2018 when the LA implemented a reasonable and effective treatment programme.’

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Gatehouse Chambers, 28th May 2024

Source: gatehouselaw.co.uk

JCT DB 2024 – a bit of ‘give and take’ on contractor design liability – OUT-LAW.com

Posted May 14th, 2024 in building law, construction industry, contracts, duty of care, news by tracey

‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’

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OUT-LAW.com, 14th May 2024

Source: www.pinsentmasons.com