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Monthly Archives: January 2022
The Court of Appeal and Assumption of Responsibility – When do Public Authorities owe a Duty of Care?
Recent Developments: Tindall & Anor v Chief Constable of Thames Valley Police & Anor [2022] EWCA Civ 25 Summary In Tindall, the Court of Appeal outlined the authorities and principles to be applied when considering arguments in relation to an assumption of responsibility by public authorities. Specifically, the Court considered whether the police had […]
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Accountability for Road Safety in the Era of Autonomous Cars
The Law Commission has today published its joint report on Automated Vehicles. The project recognised that where automation is used “a human driver can no longer be the principal focus of accountability for road safety.” The report has therefore recommended a number of key legislative changes ranging from immunity for ‘drivers’ to the creation of […]
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Court of Appeal rules equity partner’s demotion was not conduct extending over a period but a one-off act with continuing consequences.
Claimants wishing to bring a discrimination claim under the Equality Act 2010 must do so within 3 months of the discriminatory conduct. Claimants can bring their claim in respect of conduct extending beyond 3 months if the conduct was a sequence of events and the last chain in the event occurred within 3 months of […]
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How Can the Sport and Activity Industry Create Safer Cultures?
This week, Christopher Quinlan QC will be speaking at an event in association with the Ann Craft Trust, exploring how the sport and activity sector can protect and create safer cultures. Please click here for further information. The ACT provides a wealth of useful training resources on safeguarding which can be located here.
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Geoffrey Williams QC avoids striking off for a Solicitor who admitted multiple acts of dishonesty
Geoffrey Williams QC acted for a Solicitor (“K”) in proceedings before the Solicitors Disciplinary Tribunal, heard in late 2021. A cash shortage on client account had arisen as the result of the actions of a former staff member of K’s firm. K did not report the matter to the Solicitors Regulation Authority and when confronted […]
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The Court of Appeal and Interim Payments: Buttar Construction Ltd -v- Arshdeep [2021] EWCA Civ 1408
Summary This was a personal injury claim in which the Court of Appeal considered arguments in relation to interim payments. The question for the court to consider was whether an interim payment should have been made against one of the Defendants. HHJ Bird, sitting as a High Court Judge in the Queen’s Bench Division, ordered […]
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WEBINAR: Personal Injury Liability Update
Date: 12 January 2022 @ 16:30 Duration: 1 hour Presenter: David Roderick David Roderick kick starts our 2022 webinar programme with a whistle-stop tour of the general developments in personal injury liability, to include: Duty of care: Identifying a duty of care in negligence. Vicarious liability: Expansion and contraction of the doctrine? Secondary victims: […]
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Recollection versus Medical Records in Clinical Negligence
The recent case of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB) is an interesting Judgment dealing with an issue familiar to clinical negligence practitioners. John Brown reviews the decision which considers how a court is likely to approach a factual dispute between a witness’ recollection and a note made in a […]
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