Category: duty of care

Judge lambasts parties’ animosity in latest ‘Dr Bitcoin’ ruling – Law Society’s Gazette

Posted March 30th, 2022 in cryptocurrencies, duty of care, jurisdiction, London, news by sally

‘Parties in the latest round of litigation involving a controversial claim to have originated the Bitcoin digital currency have been warned by a judge against using the courts as a vehicle for their animosity. Ruling in an application over the choice of London as a jurisdiction, Mrs Justice Falk also set out what was hailed as a landmark statement of the law relating to blockchain encryption technology.’

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Law Society's Gazette, 28th March 2022

Source: www.lawgazette.co.uk

Internet scams to be included in UK online safety bill – The Guardian

Posted March 9th, 2022 in advertising, bills, consultations, duty of care, fraud, government departments, internet, news by sally

‘Measures to protect people from internet scams will now be included in proposed online safety laws, the government has said.’

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The Guardian, 8th March 2022

Source: www.theguardian.com

Failure to remove’ claims: some further developments – Local Government Lawyer

Posted February 11th, 2022 in accidents, appeals, duty of care, human rights, local government, negligence, news, police, road safety by tracey

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Rattan v Hughes – Case Note – Old Square Chambers

Posted February 11th, 2022 in chambers articles, dentists, duty of care, negligence, news, self-employment, vicarious liability by sally

‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’

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Old Square Chambers, 4th February 2022

Source: oldsquare.co.uk

Identifying and Proving Breach of Duty Relating to Ambulance Response Time – Ropewalk Clinical Negligence Blog

Posted February 7th, 2022 in causation, chambers articles, delay, duty of care, hospitals, news by tracey

‘When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response.

The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an expectation is rarely met. Thankfully, in the vast majority of cases the timing of the arrival of the paramedic is of no real consequence. More important to outcome can be what happens once the paramedic alights from the ambulance and attends to the patient, how long it takes from that point until admission to A&E or the unit to which the patient is taken for necessary specialist care. These latter issues can all have a bearing on the timing, the quality and the nature of care received by the patient.’

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Ropewalk Clinical Negligence Blog , 3rd February 2022

Source: www.ropewalk.co.uk

Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer

Posted February 7th, 2022 in accidents, appeals, duty of care, local government, news, road safety, roads, trespass by tracey

‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’

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Local Government Lawyer, 4th February 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and the Kent Intake Unit social worker guidance – Local Government Lawyer

Posted January 28th, 2022 in asylum, children, detention, duty of care, government departments, immigration, local government, news, refugees, statutory duty, young persons by tracey

‘The High Court has ruled that the Home Office acted unlawfully in detaining unaccompanied young people for age assessments at a port in Kent. Shu Shin Luh and Antonia Benfield explain why.’

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Local Government Lawyer, 28th January 2022

Source: www.localgovernmentlawyer.co.uk

Public bodies not generally liable for ‘merely acting ineffectually’, CoA rules – Law Society’s Gazette

Posted January 20th, 2022 in accidents, duty of care, news, police, road traffic by tracey

‘Public authorities do not generally owe a duty of care “where it has intervened but has done so ineffectually” in a way which fails to confer a benefit rather than “making matters worse”, the Court of Appeal ruled today.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Government breached duty over solicitor-judge’s disability struggles – Law Society’s Gazette

Posted January 17th, 2022 in disability discrimination, disabled persons, duty of care, employment, employment tribunals, equality, Ministry of Justice, news, solicitors by tracey

‘The government has been criticised by an employment tribunal for a “lack of coordination and pre-planning” that resulted in a solicitor-judge bringing a disability discrimination challenge against the justice secretary over her struggles to secure reasonable adjustments.’

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Law Society's Gazette, 17th January 2022

Source: www.lawgazette.co.uk

‘Trove of racial hatred’ exposed by investigation into online platforms – The Independent

Posted January 12th, 2022 in duty of care, hate crime, internet, news, racism, statistics by tracey

‘Tech giants have come under fresh fire after an investigation exposed hundreds of thousands of hate profiles online.’

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The Independent, 12th January 2022

Source: www.independent.co.uk

Drunkenness no basis for avoiding contributory negligence, Court of Appeal rules – Law Society’s Gazette

Posted November 17th, 2021 in accidents, alcohol abuse, appeals, compensation, damages, duty of care, insurance, negligence, news, personal injuries by sally

‘The drunkenness of a passenger seeking damages for injuries sustained in a car crash ‘will not avoid a finding of contributory negligence’ where the claimant should have appreciated that the driver was too drunk to drive safely, the Court of Appeal has ruled.’

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Law Society's Gazette, 16th November 2021

Source: www.lawgazette.co.uk

‘Failure to remove’ claims in the High Court – Local Government Lawyer

Posted November 9th, 2021 in appeals, child abuse, child cruelty, child neglect, children, duty of care, local government, negligence, news, sexual offences, social services, striking out, Supreme Court by tracey

‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’

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Local Government Lawyer, 8th November 2021

Source: www.localgovernmentlawyer.co.uk

Court allows part of negligence claim against firm to go to trial – Legal Futures

Posted November 1st, 2021 in damages, duty of care, law firms, medicines, negligence, news, personal injuries, striking out by tracey

‘A law firm now part of consolidator Metamorph Law has been only partially successful in striking out a claim over how it advised a client on his clinical negligence case.’

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Legal Futures, 1st November 2021

Source: www.legalfutures.co.uk

Frances Haugen to testify to MPs about Facebook and online harm – The Guardian

Posted October 25th, 2021 in bills, bullying, duty of care, fines, harassment, internet, news, whistleblowers by tracey

‘The Facebook whistleblower is to give evidence to MPs and peers scrutinising the online safety bill, amid calls for a toughening up of the landmark legislation.’

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The Guardian, 25th October 2021

Source: www.theguardian.com

Regulations and guidance issued on support councils must give domestic abuse victims – Local Government Lawyer

Posted October 6th, 2021 in codes of practice, domestic violence, duty of care, families, government departments, housing, local government, news, victims by sally

‘The Government has published new regulations and guidance setting out the level of support councils are required to provide to domestic abuse victims who need to escape home.’

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Local Government Lawyer, 5th October 2021

Source: www.localgovernmentlawyer.co.uk

Will The Online Safety Bill Impact Your Rights? – Each Other

Posted September 24th, 2021 in bills, duty of care, fines, freedom of expression, government departments, internet, news, ombudsmen by sally

‘The internet is an untamed beast with sparse rules and regulations, so comprehensive moderation – whether desirable or not – seems an impossible task. Nonetheless, it is one with which the UK government is currently attempting to grapple.’

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Each Other, 23rd September 2021

Source: eachother.org.uk

Vicarious Liability and the Non-Delegable Duty in the Context of Dental Negligence Claims: Hughes v Rattan – Ropewalk Clinical Negligence Blog

Posted September 13th, 2021 in chambers articles, compensation, damages, dentists, duty of care, negligence, news, vicarious liability by tracey

‘For several years in the 2000s and 2010s, the law relating to vicarious liability and non-fault liability more generally was “on the move”. However, in the last couple of years, the case law dealing with non-fault liability has been far less fruitful for claimants (e.g. Barclays Bank Plc v Various Claimants [2020] UKSC 13; SKX v Manchester City Council [2021] EWHC 782 (QB)). So the decision of Heather Williams QC (sitting as a Deputy High Court Judge) in the case of Hughes v Rattan [2021] EWHC 2032 (QB) provides an early sign that the tide may be turning back in favour of claimants, at least in the context of medical negligence claims.’

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Ropewalk Clinical Negligence Blog, 7th September 2021

Source: www.ropewalk.co.uk

A solid investment? – Carmelite Chambers

Posted August 31st, 2021 in consumer protection, duty of care, financial regulation, news by sally

‘Will England and Mark Watson consider the proposed new duty of care, suggested by the Financial Conduct Authority and the issues it could bring in the current climate.’

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Carmelite Chambers, 19th August 2021

Source: www.carmelitechambers.co.uk

Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case – UK Human Rights Blog

Posted August 9th, 2021 in dentists, duty of care, employment, negligence, news, self-employment, vicarious liability by tracey

‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’

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UK Human Rights Blog, 6th August 2021

Source: ukhumanrightsblog.com

Whose Job Is It To Fix The Normalisation Of Sexual Abuse In Schools? – Each Other

Posted August 3rd, 2021 in duty of care, education, human rights, news, school children, sexual offences by sally

‘The government released a report in June that revealed rampant sexual abuse in schools all over the country. Nine in ten girls surveyed said that sexist name-calling and being sent unwanted explicit imagery happened “a lot”, but whose responsibility is it to fix it?’

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Each Other, 2nd August 2021

Source: eachother.org.uk