‘More than 100 cases of alleged poor care are reportedly set to be reviewed at a beleaguered maternity unit.’
The Independent, 20th September 2018
Source: www.independent.co.uk
‘A major in the British army and a former officer are facing trial by court martial over the deaths of three men who suffered fatal heat illness during an SAS test march in the Brecon Beacons in south Wales.’
The Guardian, 3rd September 2018
Source: www.theguardian.com
‘The working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. The judgment in Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) demonstrates that a more careful analysis is required. In this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care.’
UK Police Law Blog, 27th July 2018
Source: ukpolicelawblog.com
‘Employers do not owe their employees a duty of care in the way they defend claims that they are vicariously liable for actions of those employees, the UK Supreme Court has ruled.’
OUT-LAW.com, 27th July 2018
Source: www.out-law.com
‘A young woman with mental health problems killed herself after a series of major errors by the NHS trust that was looking after her, a jury at an inquest into her death has found.’
The Guardian, 25th July 2018
Source: www.theguardian.com
‘The FCA is seeking views on whether there is a need for a new customer “duty of care” or “fiduciary duty”, or whether the existing rules already provide sufficient protections for consumers. It is also seeking views on a new right for consumers to seek private damages against firms which have breached the new duty or the regulatory principles set out in the FCA Handbook, particularly the requirement to “treat customers fairly”.’
OUT-LAW.com, 23rd July 2018
Source: www.out-law.com
‘Sherratt v Chief Constable of Greater Manchester Police [2018] EWHC 1746 (QB) (16 July 2018). This was an appeal on a preliminary issue from the decision of David Berkeley QC, sitting as the Recorder below. The question was whether the defendant chief constable owed a duty of care to the claimant’s partner, who had committed suicide.’
UK Human Rights Blog, 18th July 2018
Source: ukhumanrightsblog.com
‘This week is the seventh anniversary of BBC Panorama’s exposure of the systematic abuse of people with learning disabilities at Winterbourne View hospital in Gloucestershire.’
The Guardian, 30th May 2018
Source: www.theguardian.com
‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’
UK Constitutional Law Association, 14th May 2018
Source: ukconstitutionallaw.org
‘The Court of Appeal has rejected an attempt by a cyclist to impose a duty of care on central or local government to prevent roadside vegetation from impairing visibility for road users, saying there would “potentially serious and costly consequences” in doing so “for very little practical gain”.’
Litigation Futures, 9th May 2018
Source: www.litigationfutures.com
‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’
Local Government Lawyer, 9th May 2018
Source: www.localgovernmentlawyer.co.uk
‘A Vietnamese victim of child slavery has launched legal proceedings against the government after he was sexually assaulted at Morton Hall immigration removal centre, the Guardian can reveal.’
The Guardian, 7th May 2018
Source: www.theguardian.com
‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
‘Does a person who is sued in civil litigation for the alleged misconduct of her employees (or others for whom she is vicariously liable) owe a duty of care to avoid causing those employees or “quasi-employees” financial loss arising from the conduct of the person’s defence?.’
UK Supreme Court Blog, 3rd April 2018
Source: ukscblog.com
‘The way in which police handled the disappearance of teenager Gaia Pope is to be investigated by the police watchdog.’
Daily Telegraph, 6th April 2018
Source: www.telegraph.co.uk
‘In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’
Zenith Chambers, 2nd March 2018
Source: www.zenithchambers.co.uk
‘A law firm with offices in Italy and England has reached the end of the line in challenging a ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’
Legal Futures, 9th March 2018
Source: www.legalfutures.co.uk
‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’
UK Human Rights Blog, 2nd March 2018
Source: ukhumanrightsblog.com
‘Benius Razumas v Ministry of Justice [2018] EWHC 215 (QB): In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’
Zenith PI, 2nd March 2018
Source: zenithpi.wordpress.com
‘The hits for the police keep on coming. The decision in Commissioner of the Metropolis v (1) DSD (2) NBV [2018] UKSC 11 confirms that the police can be liable in proceedings for a breach of article 3’s prohibition on inhuman and degrading treatment (and possibly article 4’s prohibition on slavery) where they fail to perform an adequate criminal investigation into alleged serious ill-treatment.’
UK Police Law Blog, 22nd February 2018
Source: ukpolicelawblog.com
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