duty of care – Page 5 – Current Awareness

Supreme Court Revisits Wrongful Birth Claims – Quarterly Medical Law Review

Posted July 30th, 2021 in appeals, autism, birth, compensation, damages, doctors, duty of care, families, negligence, news, Supreme Court, wrongful birth by sally

‘In Khan v Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort of negligence more generally. In particular, the court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies.’

Quarterly Medical Law Review, 28th July 2021

Source: 1corqmlr.com

Khan (Respondent) v Meadows (Appellant) [2021] UKSC 21 – Hailsham Chambers

Posted July 29th, 2021 in appeals, autism, chambers articles, children, damages, doctors, duty of care, negligence, news, pregnancy, Supreme Court by sally

‘In this highly anticipated judgment, the Supreme Court unanimously dismissed the appeal and held that the Defendant doctor was only liable for losses which fell within the scope of her duty of care, thereby significantly reducing the damages recoverable by the Claimant.’

Hailsham Chambers, 21st July 2021

Source: www.hailshamchambers.com

Dove v HM Coroner for Teesside and Hartlepool [2021] EWHC 1738 (Admin) – Inquests and Inquiries Law Blog

Posted June 30th, 2021 in benefits, chambers articles, coroners, duty of care, government departments, human rights, inquests, mental health, news, suicide by sally

‘In this article, Richard Ive discusses the case of Dove v HM Coroner for Teesside and Hartlepool [2021] EWHC 1738 (Admin), which raises important questions relating to Article 2 (the right to life). On 11 June 2021, the Administrative Court heard procedural arguments concerning a late application by the Secretary of State for Work and Pensions to join, as an interested party, a claim pursuant to the Coroners Act 1988 s.13 for a further inquest into the death of a highly vulnerable woman who took her own life shortly after all her Department of Work and Pensions (“DWP”) benefits were stopped. The Secretary of State’s application was successful, providing her with the opportunity to make submissions at the full hearing heard by the Divisional Court on 22 June 2021.’

Inquests and Inquiries Law Blog, 29th June 2021

Source: inquestsandinquirieslawblog.com

Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted June 28th, 2021 in appeals, autism, birth, causation, chambers articles, damages, doctors, duty of care, negligence, news, Supreme Court by tracey

‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’

Ropewalk Clinical Negligence Blog, 24th June 20201

Source: www.ropewalk.co.uk

Supreme Court Revisits Wrongful Birth Claims: an extended look — Robert Kellar QC and Owain Thomas QC – UK Human Rights Blog

Posted June 25th, 2021 in appeals, autism, birth, causation, children, damages, doctors, duty of care, negligence, news, Supreme Court by tracey

‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’

UK Human Rights Blog, 24th June 2021

Source: ukhumanrightsblog.com

Ombudsman criticises London borough over failures as corporate parent to former looked-after child who alleged abuse – Local Government Lawyer

Posted June 23rd, 2021 in child abuse, children, compensation, complaints, duty of care, fostering, local government, London, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has said the London Borough of Lewisham exposed a former looked after child to “significant harm” after it failed to address her claims of abuse while in foster care properly.’

Local Government Lawyer, 22nd June 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court clarifies duty test in Grant Thornton ruling – Law Society’s Gazette

Posted June 21st, 2021 in appeals, auditors, building societies, damages, duty of care, negligence, news, Supreme Court by tracey

‘The Supreme Court has backed a building society’s claim against its former auditor, in a ruling that provides a “more generous” test for the duty of care owed by professional advisers.’

Law Society's Gazette, 18th June 2021

Source: www.lawgazette.co.uk

Failure to remove claims and section 20 accommodation – Local Government Lawyer

Posted June 11th, 2021 in children, duty of care, families, housing, local government, negligence, news, social services by tracey

‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’

Local Government Lawyer, 11th June 2021

Source: www.localgovernmentlawyer.co.uk

Duty of care for the acts of third parties – Law Society’s Gazette

Posted June 8th, 2021 in duty of care, limitations, negligence, news, shipping law, striking out, third parties by sally

‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’

Law Society's Gazette, 7th June 2021

Source: www.lawgazette.co.uk

Kent council fined after mother and son left to live in tent in pandemic – The Guardian

Posted April 23rd, 2021 in children, compensation, coronavirus, duty of care, families, homelessness, housing, local government, news, ombudsmen by sally

‘A council has been fined after it removed a homeless teenager and his mother from temporary housing during the pandemic, leaving them to sofa surf and live in a tent for two months.’

The Guardian, 23rd April 2021

Source: www.theguardian.com

Liability for abuse suffered by claimant place in private care home – Local Government Lawyer

Posted April 16th, 2021 in care homes, child abuse, children, damages, duty of care, employment, local government, news, sexual offences by tracey

‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’

Local Government Lawyer, 16th April 2021

Source: www.localgovernmentlawyer.co.uk

Universities ignoring rape culture warnings, say campaigners – The Guardian

Posted April 16th, 2021 in complaints, duty of care, harassment, news, rape, sex discrimination, sexual offences, statistics, universities, women by tracey

‘Universities have ignored repeated warnings to tackle rape culture on campus, and left themselves exposed to lawsuits and reputational damage, according to lawyers and campaigners.’

The Guardian, 15th April 2021

Source: www.theguardian.com

‘Not a mini-trial’: Supreme Court explains the correct approach in jurisdiction challenges – Littleton Chambers

Posted March 5th, 2021 in appeals, chambers articles, class actions, compensation, damages, duty of care, environmental health, environmental protection, jurisdiction, news, pollution, Supreme Court by sally

‘In The Spiliada [1987] AC 460, 465 Lord Templeman hoped that in jurisdiction disputes, “the judge will be allowed to study the evidence and refresh his memory of [the legal principles] in the quiet of his room without expense to the parties; that he will not be referred to other decisions on other facts; and that submissions will be measured in hours and not days.”‘

Littleton Chambers, 3rd March 2021

Source: littletonchambers.com

‘Failure to remove’ claims – the decision in HXA v Surrey County Council – Local Government Lawyer

Posted March 1st, 2021 in care orders, children, duty of care, families, interpretation, local government, news, social services by tracey

‘Paul Stagg analyses an important decision this month on “failure to remove” claims and also summarises the other case law to date, before looking at pending cases and the likely way forward to the higher courts.’

Local Government Lawyer, 26th February 2021

Source: www.localgovernmentlawyer.co.uk

Okpabi & others v Royal Dutch Shell Plc and another – Blackstone Chambers

Posted February 18th, 2021 in civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, negligence, news, personal injuries, proportionality, subsidiary companies by sally

‘The Supreme Court has given judgment in a high-profile appeal which raises important issues regarding the proper approach to jurisdictional challenges and the potential liability of parent companies in respect of damage caused by their subsidiaries.’

Blackstone Chambers, 12th February 2021

Source: www.blackstonechambers.com

New Judgment: Okpabi & Ors v Royal Dutch Shell Plc & Anor [2021] UKSC 3 – UKSC Blog

Posted February 15th, 2021 in appeals, civil procedure rules, class actions, damages, duty of care, environmental health, environmental protection, health, jurisdiction, negligence, news, personal injuries, proportionality by sally

‘Royal Dutch Shell Plc (‘RDS’) is the parent company of the Shell group of companies, incorporated in the UK. The Shell Petroleum Company of Nigeria Limited (‘SPDC’, the other Respondent) is an exploration and production company incorporated in Nigeria and is a subsidiary of RDS.’

UKSC Blog, 12th February 2021

Source: ukscblog.com

Drawing the boundaries of the Quincecare duty in cases of fraud (Philipp v Barclays Bank plc) – Forum Chambers

Posted February 11th, 2021 in banking, chambers articles, duty of care, fraud, news by sally

‘Dispute Resolution analysis: Barclays Bank plc successfully applied for summary judgment against Mrs Philipp (the claimant) in respect of her claim that Barclays breached its so-called Quincecare duty in failing to prevent the fraudulent dissipation of £700,000 following an authorised push payment fraud, ie a fraud where the victim is induced by the fraudster to authorise a payment instruction to transfer funds to the fraudster. The High Court determined that the claimant’s claim had no real prospects of success since the claim was dependent upon an impermissible and unprincipled extension of the Quincecare duty to situations where a bank acts on a customer’s authorised payment instructions. The duty was held to be confined to situations where an agent of the customer sought to misappropriate funds as had been the case in previously decided cases such as Singularis Holdings Ltd (In Official Liquidation.’

Forum Chambers, 2nd February 2021

Source: www.forumchambers.com

A duty of care – what does the new standard of proof in inquests mean? – 5SAH

Posted January 8th, 2021 in chambers articles, death in custody, duty of care, inquests, mental health, news, prisons, standard of proof, suicide by sally

‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’

5SAH, 7th January 2021

Source: www.5sah.co.uk

Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers

Posted November 19th, 2020 in accounts, auditors, damages, duty of care, loss of chance, negligence, news by sally

‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’

Hardwicke Chambers, 5th November 2020

Source: hardwicke.co.uk

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