‘John-Paul Swoboda examines liability for omissions in the police negligence case of Tindall v Chief Constable of Thames Valley Police [2024] UKSC 33.’
12 King’s Bench Walk, 6th November 2024
Source: www.12kbw.co.uk
‘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.’
Ropewalk Personal Injury Blog, 11th November 2024
Source: ropewalk.co.uk
‘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.’
UK Human Rights Blog, 11th November 2024
Source: ukhumanrightsblog.com
‘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.’
4-5 Gray’s Inn Square, 4th November 2024
Source: www.4-5.co.uk
‘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.’
Local Government Lawyer, 31st October 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Kingsley Napley Employment Law Blog, 30th October 2024
Source: www.kingsleynapley.co.uk
‘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.’
12 King's Bench Walk, 19th September 2024
Source: 12kbw.co.uk
‘Venues and nightclubs could face fines of up to £18 million if they flout new rules to protect visitors and staff from terror attacks.’
The Independent, 12th September 2024
Source: www.independent.co.uk
‘A coroner has ruled that The Jeremy Kyle Show’s treatment of Steve Dymond was not a “contributory factor” to his death.’
The Independent, 10th September 2024
Source: www.independent.co.uk
‘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.’
Nearly Legal, 26th August 2024
Source: nearlylegal.co.uk
‘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.’
Kingsley Napley Employment Law Blog, 9th July 2024
Source: www.kingsleynapley.co.uk
‘Thousands more ex-servicemen and women will receive compensation for hearing loss suffered during training or combat, the BBC has learned.’
BBC News, 8th July 2024
Source: www.bbc.co.uk
‘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.’
Gatehouse Chambers, 28th May 2024
Source: gatehouselaw.co.uk
‘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.’
OUT-LAW.com, 14th May 2024
Source: www.pinsentmasons.com
‘A businessman who brought a claim against two leading law firms, and also reported them and those representing them to the Solicitors Regulation Authority (SRA), has seen his case struck out.’
Legal Futures, 11th April 2024
Source: www.legalfutures.co.uk
‘The Court of Appeal handed down judgment in Miller v Irwin Mitchell on 1 February 2024, just 9 days after hearing argument. The Court (Phillips, Andrews and Falk LJJ) upheld the decision of HHJ Cadwallader at first instance ([2022] EWHC 2252 (Ch)), in which he dismissed Mrs Miller’s claim after a trial of various preliminary issues. The decision gives useful guidance to practitoners considering whether a duty of care is owed by a solicitor prior to the parties agreeing a retainer.’
Hailsham Chambers, 5th February 2024
Source: www.hailshamchambers.com
‘An asylum seeker has been detained for nine years and six months for the manslaughter of fellow migrants who drowned trying to cross the English Channel.’
The Independent, 23rd February 2024
Source: www.independent.co.uk
‘A group of 260 Royal Marines have issued proceedings against the Ministry of Defence (MoD) amid claims they were “knowingly” exposed to asbestos.’
BBC News, 12th February 2024
Source: www.bbc.co.uk
‘A couple of brief notes on two judicial reviews on housing, the Children Act 1989 and “looked-after children”.’
Nearly Legal, 14th January 2024
Source: nearlylegal.co.uk
‘In Paul and another v Royal Wolverhampton NHS Trust [2024] UKSC 1, the Supreme Court had to decide whether (and, if so, when) an individual can make a claim for psychiatric injury caused by witnessing the death or other horrifying event of a close relative as a result of earlier clinical negligence. In dismissing the three conjoined appeals, a majority of the Supreme Court held that, while doctors owe a duty of care to protect the health of their patients, they do not owe a duty of care to members of the patient’s close family to protect them against the risk of illness from the experience of witnessing the death or medical crisis of their relative from a condition which the doctor has negligently failed to diagnose or treat.’
Mental Capacity Law and Policy, 11th January 2024
© Inner Temple Library 2024