Military covenant to be enshrined in law after months of criticism – The Guardian

Posted May 16th, 2011 in armed forces, duty of care, news by sally

“Ministers are poised to set out details of how the ‘military covenant’ will be enshrined in law after David Cameron admitted the government had performed a U-turn on the issue after months of pressure from campaigners.”

Full story

The Guardian, 15th May 2011

Source: www.guardian.co.uk

Pair found guilty of trying to sell child for £35,000 – The Guardian

Posted April 13th, 2011 in child cruelty, duty of care, news, social services by sally

“Two people have been found guilty of trying to sell an 11-month-old girl as a slave.”

Full story

The Guardian, 12th April 2011

Source: www.guardian.co.uk

Mohammed and others v Home Office – WLR Daily

Posted March 31st, 2011 in appeals, duty of care, immigration, law reports, negligence by sally

Mohammed and others v Home Office [2011] EWCA Civ 351;  [2011] WLR (D)  112

“The Home Office did not owe a common law duty of care to claimants applying for indefinite leave to remain for maladministration.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shot Pc David Rathband sues force over Raoul Moat attack – The Independent

Posted March 24th, 2011 in duty of care, firearms, news, police by sally

“Shot Pc David Rathband said today he was suing his own force because he was left ‘a sitting duck’ when gunman Raoul Moat declared war on police.”

Full story

The Independent, 23rd March 2011

Source: www.independent.co.uk

Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette

“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

One error on letter doomed cancer mother – Daily Telegraph

Posted March 15th, 2011 in cancer, compensation, doctors, duty of care, news by sally

“A key stroke error on a computer cost a breast cancer sufferer her life after two urgent letters asking her to go to hospital appointments were sent to the wrong address.”

Full story

Daily Telegraph, 15th March 2011

Source: www.telegraph.co.uk

How the law can be used to fight cuts to services for disabled people – Law Society’s Gazette

“Disabled children and disabled adults need significant support from public bodies to help them lead ordinary lives. These groups require both specialist and targeted services and flexible universal services which can be adapted to their needs.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

Lynch v Ceva Logistic Ltd and another – WLR Daily

Lynch v Ceva Logistic Ltd and another [2011] EWCA Civ 188; [ 2011] WLR (D) 66

“The owner of a warehouse who had the control of it (1) owed a duty under regulations 4 and 17 of the Workplace (Health, Safety and Welfare) Regulations 1992 and at common law to ensure that the place of work was safe for an employee of an independent contractor who was carrying out his work in the warehouse and (2) was entitled to assume that the independent contractor had given proper instructions to its employee as to how to carry out the work.”

WLR Daily, 28th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Robinson v PE Jones (Contractors) Ltd – WLR Daily

Robinson v PE Jones (Contractors) Ltd [2011] EWCA Civ 9; [2011] WLR (D) 4

“The builder/vendor of a building did not by reason of his contract to construct or to complete the building assume any liability in the tort of negligence in relation to defects in the building giving rise to purely economic loss.”

WLR Daily, 19th Janaury 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Desmond v Chief Constable of Nottinghamshire Police – WLR Daily

Posted January 14th, 2011 in confidentiality, criminal records, duty of care, human rights, law reports, police by sally

Desmond v Chief Constable of Nottinghamshire Police [2011] EWCA Civ 3; [2011] WLR (D) 1

“In considering whether the chief officer’s statutory obligation under s 115(7) of the Police Act 1997 to provide information to the Criminal Records Bureau on a request for an Enhanced Criminal Record Certificate (ECRC) had been carried out in a manner which, exceptionally where the relationship between claimant and defendant arose in a statutory context, gave rise to a breach of the common law duty of care towards the claimant, an important factor was the existence of other remedies such as a claim under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 13th January 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Man jailed for neglect death of sister at Tyneside home – BBC News

Posted January 14th, 2011 in duty of care, homicide, news, sentencing by sally

“A man whose disabled sister was found dying in squalor in the North Tyneside home they shared has been jailed for her manslaughter.”

Full story

BBC News, 11th January 2011

Source: www.bbc.co.uk

‘Failings’ over diabetic who died at Stafford Hospital – BBC News

Posted September 8th, 2010 in duty of care, hospitals, inquests, news, nurses by sally

“A systemic failure to provide adequate nursing facilities and staffing contributed to the death of a diabetic, an inquest jury has ruled.”

Full story

BBC News, 7th September 2010

Source: www.bbc.co.uk

Ian Huntley sues prison service for £100,000 after razor attack – The Guardian

Posted August 2nd, 2010 in compensation, duty of care, negligence, news, prisons by sally

“Ian Huntley, the Soham murderer, is suing the prison service after he allegedly had his throat slashed with a razor blade by another inmate, it emerged last night.”

Full story

The Guardian, 31st July 2010

Source: www.guardian.co.uk

Sniper sues Army over error which put him in danger of being kidnapped by al-Qaeda – Daily Telegraph

Posted August 2nd, 2010 in anonymity, armed forces, duty of care, media, news by sally

“An Army sniper is suing the Ministry of Defence over a ‘catastrophic error’ which put him and his family in danger of being kidnapped by al-Qaeda.”

Full story

Daily Telegraph, 31st July 2010

Source: www.telegraph.co.uk

Rabone and another v Pennine Care NHS Trust – WLR Daily

Posted June 22nd, 2010 in appeals, duty of care, hospitals, law reports, suicide by sally

Rabone and another v Pennine Care NHS Trust [2010] EWCA Civ 698; [2010] WLR (D) 152

“Health trusts did not have an obligation to take special preventive measures to protect voluntary mental patients from the risk of suicide, even where that risk was ‘real and immediate’. The obligation existed in the case of persons for whom the state had assumed responsibility by their detention under the Mental Health Act 1983.”

WLR Daily, 21st June 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Scullion v Bank of Scotland plc – WLR Daily

Posted March 25th, 2010 in duty of care, law reports, negligence, surveyors by sally

Scullion v Bank of Scotland plc [2010] EWHC 572 (Ch); [2010] WLR (D) 88

“A buy-to-let transaction was not very different from the ordinary residential house purchase when considering the duties and liabilities of valuers to purchasers of property, although each case might turn on its own facts.”

WLR Daily, 24th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Connor v Surrey County Council – WLR Daily

Posted March 24th, 2010 in duty of care, law reports, mental health, negligence by sally

Connor v Surrey County Council [2010] EWCA Civ 286; [2010] WLR (D) 83

“A duty of care owed by a public body to one of its employees as a function of that employment relationship and which existed independently of the impact of action or inaction under statute could be violated, so as to give rise to a claim for damages, by failure to exercise a statutory discretion, but only where the discretion was, or would have been able to be, exercised consistently with the duty-ower’s full performance of its public law functions.”

WLR Daily, 22nd March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd – WLR Daily

Posted March 10th, 2010 in appeals, duty of care, economic loss, law reports, negligence by sally

Shell UK Ltd v Total UK Ltd; Total UK Ltd v Chevron Ltd [2010] EWCA Civ 180; [2010] WLR (D) 67

“A defendant who could reasonably foresee that his negligent actions would damage property owed a duty of care to a beneficial owner of that property. If the defendant damaged the property, he would be liable not merely for the physical loss of that property but also for the foreseeable consequences of that loss, such as the extra expenditure to which the beneficial owner was put or the loss of profit which he incurred. Provided that the beneficial owner could join the legal owner in the proceedings, it did not matter that the beneficial owner was not himself in possession of the property.”

WLR Daily, 8th March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Upper Bay Ltd – WLR Daily

Regina v Upper Bay Ltd [2010] WLR (D) 60

“The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

WLR Daily, 3rd March 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bhamra v Dubb – WLR Daily

Posted January 29th, 2010 in allergies, duty of care, food, law reports, negligence, Sikhism by sally

Bhamra v Dubb [2010] EWCA Civ 13; [2010] WLR (D) 10

“A caterer, who had supplied a dish for guests at a Sikh wedding knowing that the recipe could sometimes contain egg, a food prohibited by the Sikh religion, owed a duty of care to a guest who was allergic to eggs and subsequently died after eating the dish served. Such a conclusion was justified on the basis of well established principles of proximity, and after invoking CPR r 52.11(4) to enable the Court of Appeal to draw such inferences as were justified on the evidence where the judge below had not made a critical finding of fact.”

WLR Daily, 28th January 2010

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.