Archive for the 'duty of care' Category

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

“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

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

“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

“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

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

“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

“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

“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

“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

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

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

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

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

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.

Bridgend teenager disabled at birth is awarded £6.5m – BBC News

“A teenager who was left profoundly disabled at birth is to receive £6.5m.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Royal College of Physicians warns that proposed guidance could ‘open door’ to doctor-assisted suicide – Daily Telegraph

“In a strongly-worded submission to the Crown Prosecution Service, England’s oldest medical institution says that any clinician suspected of helping someone die should be investigated by police. It also warns that the draft clarification of the Suicide Act will mean doctors are ‘coerced’ into speculating on how long a patient has to live, so that their loved ones are able to escape prosecution for assisted suicide by claiming they were terminally ill.”

Full story

Daily Telegraph, 20th January 2010

Source: www.telegraph.co.uk

Reprieve for ‘hero’ father over Child Support Agency demand – Daily Telegraph

“The Child Support Agency has issued a reprieve to a ‘hero’ father whose daughter was threatening legal action over its treatment of him.”

Full story

Daily Telegraph, 10th January 2010

Source: www.telegraph.co.uk

Glaister and others v Appleby-in-Westmorland Town Council – WLR Daily

Glaister and others v Appleby-in-Westmorland Town Council [2009] EWCA Civ 1325; [2009] WLR (D) 359

 “A local council did not owe a duty of care to claimants to arrange public liability insurance to cover the risk of injury occurring at a long-established horse fair taking place on land part of which it owned, nor to ensure safe segregation and supervision of tethered horses.”

WLR Daily, 10th December 2009

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.

Judges block horse injury claim – BBC News

“A County Durham man left with brain damage after being kicked by a horse at a Cumbrian fair, has been blocked from claiming compensation.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Court of Appeal ruling highlights value of website disclaimers – OUT-LAW.com

“Websites can owe a duty of care to people who visit them and rely on the information they provide, England’s Court of Appeal has said. But while misstatements may provoke lawsuits, website warnings will mitigate liability, according to the ruling.”

Full story

OUT-LAW.com, 29th July 2009

Source: www.out-law.com

Widow sues over Iraq ambush death – BBC News

“A widow whose security consultant husband died during an ambush in Iraq has begun a High Court claim for about £300,000 compensation over his death.”

Full story

BBC News, 20th July 2009

Source: www.bbc.co.uk

Woman wins care negligence case – BBC News

“A woman has been awarded £60,000 in damages for the abuse she suffered at the hands of her mother after a London council failed to take her into care.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Iraqi interpreters to sue MoD for not protecting them – Daily Telegraph

“A total of 25 claimants, most of them interpreters, claim they were owed a duty of care by the Government and are expected to launch legal action later this week, according to the BBC.”

Full story

Daily Telegraph, 14th July 2009

Source: www.telegraph.co.uk

Pond death toddler’s parents to repay compensation – The Independent

“The parents of a toddler who drowned in a pond at a holiday park were today ordered to repay their compensation award.”

Full story

The Independent, 13th July 2009

Source: www.independent.co.uk

Former pupil sues Oundle School over drunken fall from window – The Times

“A public school is being sued by a former pupil who was permanently disabled following a drunken fall from a window.”

Full story

The Times, 12th June 2009

Source: www.timesonline.co.uk

Mitchell and Another v Glasgow City Council – Times Law Reports

Mitchell and Another v Glasgow City Council

House of Lords

“Local housing authority landlords were under no duty to warn a neighbour who had received death threats from an abusive tenant that a meeting had been arranged at which he was warned that he would be evicted unless his behaviour improved, after which the abusive tenant inflicted fatal injuries on his neighbour.”

The Times, 26th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 from the date of publication.

Mitchell v Glasgow City Council – WLR Daily

Mitchell v Glasgow City Council [2009] UKHL 11; [2009] WLR (D) 65

Where a local housing authority summoned one of its tenants, who had been abusing and threatening one of his neighbours, to a meeting at which he was told that he could face eviction if his behaviour did not improve and the tenant left the meeting and within an hour had inflicted fatal injuries on the neighbour, it was not fair, just or reasonable that the local housing authority should be held to have been under a common law duty to warn the neighbour that the meeting had been arranged.”

WLR Daily, 20th February 2009

Source: www.lawreports.co.uk

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

Jain and another v Trent Strategic Health Authority – WLR Daily

Jain and another v Trent Strategic Health Authority [2009] UKHL 4; [2009] WLR (D) 14

There was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home against whom the authority had made an ex parte application without notice to the magistrate for cancellation of registration of the nursing home pursuant to s 30 of the Registered Homes Act 1984 (now replaced by s 20 of the Care Standards Act 2000).”

WLR Daily, 22nd January 2009

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.

Jain and Another v Trent Strategic Health Authority – Times Law Reports

Jain and Another v Trent Strategic Health Authority

House of Lords

“Although there was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home, the procedure by the authority had registration of the nursing home cancelled, appeared to be in breach of the owners’ rights under the European Convention on Human Rights.”

The Times, 22nd January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Calvert v William Hill Credit Ltd – WLR Daily

Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427; [2008] WLR (D) 393

A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. The duty of care undertaken by the bookmaker was to prevent the claimant placing telephone bets with them, not to prevent him gambling altogether. The court could not ignore the fact that the claimant would probably have placed ruinous bets with other bookmakers had he been prevented from gambling with the defendant.”

WLR Daily, 17th December 2008

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.

Compulsive gambler who lost £2m begins appeal – Daily Telegraph

“A compulsive gambler who lost £2million to a bookmaker begins his appeal after losing a compensation claim earlier this year.”

Full story

Daily Telegraph, 16th October 2008

Source: www.telegraph.co.uk

Harris v Perry and Another – Times Law Reports

Harris v Perry and Another

Court of Appeal

“A judge imposed an unreasonably high standard of care in holding that children playing on a bouncy castle hired by parents for a children’s party required uninterrupted supervision.”

The Times, 25th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police – WLR Daily

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284

“The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

WLR Daily, 31st July 2008

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.

Harris v Perry and another – WLR Daily

Harris v Perry and another [2008] EWCA Civ 907; [2008] WLR (D) 278

It was not reasonably foreseeable that boisterous play on a bouncy castle would involve a significant risk of serious harm and, therefore, parents who hired a bouncy castle for a children’s party did not have a duty of care to keep the children playing on it under uninterrupted supervision.”

WLR Daily, 1st August 2008

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.

Smith v Chief Constable of Sussex Police – Times Law Reports

Smith v Chief Constable of Sussex Police

House of Lords

“Considerations of public policy precluded the imposition of a common law duty of care on police who, in discharging their public duty of combating and investigating crime, had not protected a member of the public from a violent attack, the risk of which and the identity and whereabouts of the likely attacker he had reported to them.”

The Times, 4th August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Van Colle and Another v Chief Constable of Hertfordshire Constabulary – Times Law Reports

Van Colle and Another v Chief Constable of Hertfordshire Constabulary

House of Lords

“The test for considering whether the state had violated its obligation to protect life under article 2 of the European Convention on Human Rights was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

The Times, 1st August 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Appeal court ruled couple are not liable for brain-damaged boy – Daily Telegraph

“A couple who were found liable for £1million-worth of damages for an accident on a bouncy castle that left a boy brain-damaged have won their appeal against the ruling.”

Full story

Daily Telegraph, 31st August 2008

Source: www.telegraph.co.uk

Police cleared over witness’s death – The Independent

“Police were today cleared of liability for the death of a court witness who was murdered days before he was due to give evidence.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

X and another v Hounslow London Borough Council – WLR Daily

X and another v Hounslow London Borough Council [2008] EWHC 1168 (QB); [2008] WLR (D) 180

“A local authority could be held to be under a duty of care to protect vulnerable adults from abuse by third parties.”

WLR Daily, 4th June 2008

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.

Calvert v William Hill Credit Ltd – WLR Daily

Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch); [2008] WLR (D) 87

Although a bookmaker was not liable in negligence in respect of the gambling losses of a customer who was, and who was known by the bookmaker to be, a problem gambler, a bookmaker who had, at the customer’s request, undertaken to prohibit the customer from gambling for a specified period owed the customer a duty to take reasonable care to enforce that prohibition, so as to protect the customer from the risk of gambling losses during the specified period.”

WLR Daily, 12th March 2008

Source: www.lawreports.co.uk

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

Home owner sued for junk mail injury – Daily Telegraph

“A home owner is being threatened with legal action after a woman claimed she trapped her hand in his letterbox while delivering unwanted junk mail.”

Full story

Daily Telegraph, 22nd February 2008

Source: www.telegraph.co.uk

Gambler sues bookmaker for losses – BBC News

“A gambler is suing a bookmaker for £2m he claims he lost on bets after asking the firm not to let him bet again.”

Full story

BBC News, 14th February 2008

Source: www.bbc.co.uk

Leslie Ash wins ‘£500,000’ in hospital superbug settlement – The Times

“The actress Leslie Ash is to receive more than £500,000 in compensation after she nearly died from a hospital superbug.”

Full story

The Times, 16th January 2008

Source: www.timesonline.co.uk

Vicario v Commissioner of Police of the Metropolis – Times Law Reports

Vicario v Commissioner of Police of the Metropolis

Court of Appeal

“Police owed no duty of care to victims when taking a decision whether or not to prosecute a suspected offender, even where the decision took into account the interests of the victims.”

The Times, 4th January 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Jain and Another v Trent Strategic Health Authority – Times Law Reports

Jain and Another v Trent Strategic Health Authority

Court of Appeal

“The risk of harm to the residents of registered homes outweighed the economic interests of the registered home proprietor.”

The Times, 30th November 2007

Source: www.timesonline.co.uk

Please note: the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Jain and Another v Trent Strategic Health Authority – WLR Daily

Jain and Another v. Trent Strategic Health Authority

The registration authority, in applying to a magistrate for an order for the cancellation of the registration of a nursing home under s 30 of the Registered Homes Act 1984, owed no duty of care at common law to the proprietor.”

WLR Daily, 23rd November 2007

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.


 

Head fined over fall that led to boy’s death – The Times

“The headmaster of a private school was ordered to pay £20,000 in fines and legal costs yesterday following the death of a three-year-old pupil who had hit his head in the playground.”

Full story

The Times, 29th September 2007

Source: www.timesonline.co.uk

£100,000 for abused siblings council failed to take into care – The Guardian

“A 39-year-old woman and her two younger siblings have won a total of £100,000 in an out-of-court settlement with Hackney council in east London because it failed to remove them as children from their abusive home.”

Full story

The Guardian, 17th September 2007

Source: www.guardian.co.uk

R (Rowley and others) v Secretary of State for Work and Pensions – Times Law Reports

No duty of care owed over child support

R (Rowley and others) v. Secretary of State for Work and Pensions

Court of Appeal

“The Secretary of State for Work and Pensions did not owe a common law duty of care in discharging his functions under the Child Support Act 1991”

The Times, 6th July 2007 

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication   

R (Rowley and others) v. Secretary of State for Work and Pensions – WLR Daily

R (Rowley and others) v. Secretary of State for Work and Pensions (Resolution intervening) [2007] EWCA Civ 598

“The Secretary of State for Work and Pensions did not owe a common law duty of care to qualifying children or to those with their care in discharging his functions under the Child Support Act 1991.”

WLR Daily, 19th June 2007

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.


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