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Article 13/05/2022
Following the recommendation of the Independent Inquiry into Child Sexual Abuse, a new sub-category of psychiatric injury has been included within the sixteenth edition of the Judicial College Guidelines. In this article, we explore this new section of the Guidelines and consider whether the courts in Scotland are likely to adopt these new figures in a manner which may bring awards for damages closer to those in England and Wales.
Article 24/03/2022
A roundup of recent court decisions raising issues relating to driving at an excessive speed, vicarious liability, judicial consideration of claims under the Human Rights Act in relation to ‘failure to remove’ cases, fundamental dishonesty in the context of failing to volunteer information, the Brussels Recast Regulation, and Animals Act claims.
Article 22/02/2022
With the #MeToo movement sparking a global discussion on sexual harassment and gender inequality, a key question became whether Australia’s legal and regulatory systems were fit for purpose, particularly in preventing and responding to workplace sexual harassment.
Case review 28/01/2022
Following a number of first instance decisions last year which focused predominantly on assumption of responsibility, this case now provides some welcomed clarity around other possible exceptions when dealing with duty of care issues.
Case review 28/01/2022
This case provides detailed judicial consideration of the possible resulting claims under the Human Rights Act 1998. Whilst briefly considered in the case of DFX and others v Coventry City Council [2021], when Lambert J found that the claimant’s inability to prove a breach of duty in negligence caused the claim under the HRA to likewise fail, she did not consider the issues any further.
Case review 17/09/2021
Issues of limitation and vicarious liability in relation to sexual abuse claims have been re-examined by the Court of Appeal in Blackpool Football Club Limited v DSN.
Article 25/08/2021
Sexual abuse and molestation lawsuits are tragically commonplace on court dockets throughout the country. While the perpetrators of abuse face significant criminal liability, it is often other individuals and entities that allegedly employed, supervised, regulated, or otherwise had a relationship with the perpetrator that find themselves entrenched in civil litigation commenced by survivors. Against this landscape, the applicable duty of care of an organization to prevent or protect against harm caused by a third-party perpetrator is a particularly significant inquiry.
Article 16/06/2021
Ofsted’s report following the rapid review of sexual harassment in schools and colleges in April 2021 was published on 10 June 2021. It identifies sexual harassment and abuse as part of daily life for many young people.
Article 03/06/2021
Recent High Court judgments in the social care sector provide helpful guidance to councils and their insurers responding to claims alleging ‘failure to remove’.
Case review 26/05/2021
DFX and others v Coventry City Council [24.05.21]: This judgment is the first consideration at High Court level of duty of care issues since Poole Borough Council v GN and another [2019] (CN and GN).
