Taj Mahal Hotel injury claim allowed to proceed in English courts – UK Human Rights Blog

Posted January 27th, 2014 in choice of forum, duty of care, India, jurisdiction, news, personal injuries, terrorism by sally

‘This sad case arose out of the 2006 terrorist attack on the Taj Mahal Palace, Mumbai, India. The claimants, who had spent 15 days backpacking around Goa, decided to treat themselves to one night of luxury at the hotel before they were due to fly home from Mumbai. Shortly after the attack began the claimants hid in their room, locked the door and turned off the lights. Some hours later they tried to escape through the window. Their room was on the third floor of the tower part of the hotel. They tied together sheets, curtains and towels to make a rope. They hung it outside their room and the first claimant went first. The “rope” came apart and he fell to the ground suffering serious spinal injuries which have left him paraplegic. The second claimant was rescued subsequently. She did not suffer physical injuries but claims for continuing psychiatric consequences.’

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UK Human Rights Blog, 24th January 2014

Source: www.ukhumanrightsblog.com

Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent

’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’

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The Independent, 6th December 2013

Source: www.independent.co.uk

Newcastle International Airport Ltd v Eversheds LLP – WLR Daily

Posted December 2nd, 2013 in contracts, drafting, duty of care, law reports, negligence, solicitors by sally

Newcastle International Airport Ltd v Eversheds LLP [2013] EWCA Civ 1514; [2013] WLR (D) 462

‘Where solicitors were retained by a company to draft new contracts between the company and its executive directors the solicitors breached their duty of care to the company by simply carrying out instructions given by the directors on behalf of the company.’

WLR Daily, 28th November 2013

Source: www.iclr.co.uk

Paddling pool victim seeks millions – Daily Telegraph

“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”

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Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

The Relevance of Health and Safety Regulations After the Enterprise and Regulatory Reform Act 2013 – Zenith Chambers

“As a result of EERA 2013 there is no civil liability for breach of the Regulations made
under the Health and Safety at Work Act in accidents that occur on or after the 1st October 2013. However the Regulations remain in force. The key question for all practitioners is how far do they remain relevant to issues of civil liability?”

Full story (PDF)

Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

In Too Deep – Zenith Chambers

“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”

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Zenith Chambers, 25th October 2013

Source: www.zenithchambers.co.uk

Mediation: No duty to put meat on the bones – Hardwicke Chambers

Posted October 30th, 2013 in appeals, dispute resolution, duty of care, news, solicitors by sally

“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”

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Hardwicke Chambers, 17th October 2013

Source: www.hardwicke.co.uk

Green v RBS: Lessons in Interest-Rate Hedge Products Litigation – Littleton Chambers

Posted October 30th, 2013 in appeals, consumer protection, duty of care, interest, limitations, news, statutory duty by sally

“Interest- Rate Hedge Products (‘IRHPs’) include a variety of different products sold to customers to help protect them against interest rate risk. The down side is that such products are often complex and structured to produce adverse financial effects for the customer if the Bank of England Base Rate (‘Base Rate’) goes down. And we all know that is exactly what has happened in recent years. This has given rise to a wave of IRHP mis-selling claims.”

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Littleton Chambers, 23rd October 2013

Source: www.littletonchambers.com

School swimming lessons – Education Law Blog

“Earlier this week the Supreme Court gave judgment in Woodland v Essex County Council [2013] UKSC 66. The case is important because it extends the circumstances in which schools and local authorities will be liable for injuries to the children in their care that are caused by negligence.”

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Education Law Blog, 26th October 2013

Source: www.education11kbw.com

Woodland v Swimming Teachers Association and others – WLR Daily

Woodland v Swimming Teachers Association and others [2013] UKSC 66; [2013] WLR (D) 403

“The essential feature of a non-delegable duty of reasonable care was that a defendant had control over a vulnerable claimant for the purpose of performing a function for which the defendant had assumed responsibility.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

The Supreme Court ruling in Woodland v Essex County Council: the reaction – Local Government Lawyer

“The relationship between public bodies and independent contractors has been thrown into sharp relief by yesterday’s Supreme Court judgment in the Woodland case. Local Government Lawyer looks at the reaction to the ruling.”

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Local Government Lawyer, 24th October 2013

Source: www.localgovernmentlawyer.co.uk

Annie Woodland wins landmark case over near drowning – BBC News

“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”

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BBC News, 23rd October 2013

Source: www.bbc.co.uk

Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252;   [2013] WLR (D)  393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Schools’ duty to safeguard children who lark around – Education Law Blog

“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”

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Education Law Blog, 18th October 2013

Source: www.education11kbw.com

Legal claims ‘could paralyse’ armed forces – BBC News

“A ‘sustained legal assault’ on British forces could have ‘catastrophic consequences’ for the safety of the nation, an influential right-leaning think tank has warned.”

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BBC News, 18th October 2013

Source: www.bbc.co.uk

Nursing home inquest: Tea scalding ruled out as causing death of Margaret Young – The Independent

Posted August 30th, 2013 in care homes, duty of care, inquests, medical treatment, news by sally

“Coroner rules that wound was caused by cellulitis infection, not hot drink, and that there was no evidence 73-year-old would have survived if different action was taken.”

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The Independent, 29th August 2013

Source: www.independent.co.uk

Mid Staffs trust to be prosecuted over death of diabetic patient – The Guardian

Posted August 30th, 2013 in duty of care, health, health & safety, hospitals, inquests, news, prosecutions, reports by sally

“The Mid Staffs NHS foundation trust, castigated for providing appalling care for years to patients, is to be prosecuted over a diabetic patient who died after falling into a diabetic coma – an unprecedented change in criminal accountability in the health service.”

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The Guardian, 29th August 2013

Source: www.guardian.co.uk

Solicitors, giving independent advice, and exposure to claims for negligence incurred thereby – Sovereign Chambers

Posted July 31st, 2013 in duty of care, legal profession, negligence, news, solicitors, undue influence by sally

“The long running case of Padden v Bevan Ashford [2013] EWCA Civ 824 has reached its dénouement. It is a case not without its human interest, and legally it illustrates important points of practice and principle which arise when a solicitor is instructed to give independent advice on what may well be an improvident transaction, as well, perhaps, on the vagaries of some county court judges. It has involved two county court trials, including a retrial after one county court judge decided that the defendants had no case to answer, and that to ‘foist’ a duty to give ‘full’ advice on a solicitor who simply agreed to see someone who had come in off the street was ‘an absurdity’. To the concern of many solicitors, but quite correctly, both the subsequent judge upon a re-trial the Court of Appeal (twice) decided that the case was anything but absurd. In the end, the solicitors were liable.”

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Sovereign Chambers, 30th July 2013

Source: www.sovereignchambers.co.uk

MoD could face legal action over Brecon Beacons heatwave deaths – The Independent

Posted July 25th, 2013 in armed forces, duty of care, human rights, inquests, news by tracey

“A coroner has suggested that the Ministry of Defence could face legal action over two soldiers who died while undergoing the gruelling SAS selection process.”

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The Independent, 25th July 2013

Source: www.independent.co.uk

Nicholls v Ladbrokes Betting & Gaming Ltd – WLR Daily

Posted July 15th, 2013 in appeals, duty of care, employment, health & safety, law reports, robbery by sally

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963; [2013] WLR (D) 277

“The failure by a betting shop to operate a magnetic lock to prevent a robbery during the hours of darkness was not a sufficient basis for a conclusion of a breach of a duty of care.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk