Insurance surgery: Stressing the point – New Law Journal
‘Caroline Coates provides an update on claims for work-related stress.’
New Law Journal, 31st October 2014
Source: www.newlawjournal.co.uk
Category: duty of care
Ebola: When health workers’ duty to treat is trumped – BBC News
‘The president of the World Bank has urged thousands of health workers to volunteer in the battle against Ebola, invoking their duty under their oath to help patients. But is there such an obligation? Medical ethicist Dr Daniel Sokol says we should expect some healthcare staff to refuse to go to work, wherever Ebola patients are being treated.’
BBC News, 29th October 2014
Source: www.bbc.co.uk
Court of Appeal: employer not in breach of duty of care by beginning disciplinary proceedings – OUT-LAW.com
‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’
OUT-LAW.com, 16th October 2014
Source: www.out-law.com
No further action to be taken following the death of Andrew Pimlott – Crown Prosecution Service
‘Following the death of Andrew Pimlott in Plymouth in April 2013, the Crown Prosecution Service (CPS) has determined that there is insufficient evidence to prosecute a police constable for gross negligence manslaughter or misconduct in public office.’
Crown Prosecution Service, 16th October 2014
Source: www.cps.gov.uk
Director of Public Prosecutions responds to Supreme Court on assisted suicide policy – Crown Prosecution Service
‘The Director of Public Prosecutions has today clarified the CPS Policy on cases of encouraging or assisting suicide in light of the recent comments of the Supreme Court in the case of Nicklinson and others.’
Crown Prosecution Service, 16th October 2014
Source: www.cps.gov.uk
‘NOWHERE FAST’ – In what circumstances might a bus driver be held liable to a passenger injured as a result of a fall on a bus? – Zenith PI Blog
‘Most personal injury practitioners will have had experience of dealing with a claim made by a passenger, injured as a result of falling whilst on a bus. Many such incidents result in relatively modest injuries. However, in some cases, particular those involving more elderly Claimants, quite significant and long-lasting injuries can be involved, and with associated ongoing claims for care and assistance. Given the multitude of CCTV cameras onboard such vehicles these days, Courts are often uncommonly well served in having before them good quality evidence of the occurrence and cause of the accident itself. Typically the cause is alleged to be the driver accelerating or braking more sharply than usual. In the latter case, the blame for emergency braking is often placed upon a third party vehicle; for example as a result of pulling out into the bus’ path.’
Zenith PI Blog, 17th September 2014
Source: www.zenithpi.wordpress.com
Bite Size RTA Case Law Update – Zenith Chambers
‘Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is important. Here I look at three very different recent cases. In Jade Christian v. South East London & Kent Bus Co.the court reiterated that appellate courts have to exercise the greatest restraint before overturning findings of fact made at first instance. In Gray v. Botwright the Court of Appeal went against the general principle that drivers are entitled to assume that no traffic will be crossing against a red light. In Gupta v. Armstrong & Anor a coach driver who was carefully executing a manoeuvre and failed to see a pedestrian who was trying to flag him down to board was not found to have been negligent to any degree.’
Full story (PDF)
Zenith Chambers, 22nd July 2014
Source: www.zenithchambers.co.uk
Fair or foul: sport and the law – Henderson Chambers
‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’
Full story (PDF)
Henderson Chambers, 8th July 2014
Source: www.hendersonchambers.co.uk
Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog
‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’
UK Human Rights Blog, 27th July 2014
Source: www.ukhumanrightsblog.com
Legal duty over resuscitation orders – BBC News
‘Doctors have a legal duty to consult with and inform patients if they want to place a Do Not Resuscitate (DNR) order on medical notes, says the Court of Appeal in England.’
BBC News, 17th June 2014
Source: www.bbc.co.uk
Durkin v DSG Retail Ltd and another – WLR Daily
Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144
A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.
WLR Daily, 26th March 2014
Source: www.iclr.co.uk
Jury gives open verdict on teenager who died after ‘relationship with star’ – The Guardian
‘There were “shortcomings” in the care given to a teenager who died in a psychiatric unit after allegedly being pressured by a male celebrity into sexual activity, an inquest jury has concluded.’
The Guardian, 26th March 2014
Source: www.guardian.co.uk
Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent
‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’
The Independent, 26th March 2014
Source: www.independent.co.uk
“Neknomination manslaughter” – unlikely to enter our vocabulary – Halsbury’s Law Exchange
‘In the current moral panic about neknominate and people dropping dead after drinking two pints of gin, the “something must be done brigade” are suggesting that one of the things that might be done is to hold neknominators criminally responsible for their actions and the deaths of their neknominees.’
Halsbury’s Law Exchange, 26th February 2014
Source: www.halsburyslawexchange.co.uk
Regina v Price and another – WLR Daily
Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86
‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’
WLR Daily, 21st February 2014
Source: www.iclr.co.uk
Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily
Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64
‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’
WLR Daily, 12th February 2014
Source: www.iclr.co.uk
Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court
Supreme Court, 12th February 2014
Is Fairchild a Leading case of the Common Law? – The Inner Temple
Is Fairchild a Leading case of the Common Law? (PDF)
Per Laleng, Inner Temple Academic Fellow, University of Kent
The Inner Temple, 20th January 2014
Source: www.innertemple.org.uk
Met Police custody healthcare a ‘major problem’ – BBC News
‘The Met Police is struggling to provide adequate medical staffing to assess and treat detainees in their custody, according to a new report.’
BBC News, 28th January 2014
Source: www.bbc.co.uk
