Patrick West explores a recent Supreme Court case on police liability ‘Is there a general rule that police are not under any duty of care when discharging their function of investigating and preventing crime?‘ Everyone who has passed through law school will remember the case about the snail in the ginger beer. Poor old Mrs …
Continue reading "Duty of care: It‘s a fair cop"
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Anna Macey evaluates the balance between patient confidentiality and the prevention of harm ‘The mother’s claim was that her father’s medical practitioners had a duty of care to her, and her child, and ought to have informed her at any earlier opportunity of the likelihood of her father’s diagnosis.’ In the sad case of ABC …
Continue reading "Damages: Duty of care"
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Duty of care; A&E; head injury; waiting times ‘It was not fair, just and reasonable to impose a duty of care on the receptionist to give a patient accurate information about waiting times or not to provide inaccurate information on waiting times.’In Darnley v Croydon Health Services NHS Trust [2017] the court looked at what, …
Continue reading "Case Report: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151"
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Sonia Ferreira, Karen Jacobs and Tim Constable consider who is to blame if the seller is an imposter ‘In order to provide protection for a buyer, a buyer’s solicitor may wish to seek an undertaking from a seller’s solicitor that it will only release completion moneys upon receiving confirmation that it acts for the true …
Continue reading "Fraud: Buyer beware"
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The threshold for liability in negligence of a mentally or physically impaired tortfeasor has recently been clarified in the Court of Appeal decision in Terry Dunnage v (1) Randall (2) UK Insurance Limited [2015]. David Roderick reports ‘The medical evidence had clearly established that V’s actions had not been intended, deliberate, wilful, malicious or reckless.’The …
Continue reading "Tortious Liability: An ‘ordinary unwell man’?"
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Duty of care; providing accurate waiting times ‘The failure of the claim on the basis of a lack of proximity is an interesting element, particularly given the reliance on the case of Rahman against a background of finding that there was foreseeability.’ Mr Darnley was attacked by persons unknown and struck on the head. He …
Continue reading "Case Report: Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)"
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Steven Akerman examines the conflict between the new striking out powers and the Human Rights Act, in part one of this article he looks at the legislation ‘There is already authoritative UK case law that has determined that the legislation is not compatible with the said human rights provisions.’ The full effect of the Jackson …
Continue reading "Human Rights: Section 57? Incompatible… as decided by the Supreme Court"
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David Sawtell examines when a parent company may be liable in tort for the health and safety of the employees of its subsidiaries ‘The Court of Appeal made it very clear that merely because a parent company had appointed an individual as director of its subsidiary company with responsibility for health and safety matters did …
Continue reading "Health And Safety: Cape of good hope"
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Emma Sole reports on the effects of the judgment in Woodland v Essex County Council [2013] ‘The Supreme Court has not increased the scope of public authority liability, from a historical perspective, but rather preserved it at the level it had been before the advent of mass outsourcing.’In handing down its decision in Woodland v …
Continue reading "Non-Delegable Duties: A cause for concern?"
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Wills & Trusts Law Reports | October 2013 #133The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea. Apart from Mr Fishbein, the residuary beneficiaries of the 1998 will were respectively the testatrix’s cousin, Mrs Atkinson, and friend, Dr Bhangoo. The claimant, who was a step-granddaughter of the testatrix by her second husband, was not a beneficiary...
