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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 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.
Article 27/01/2022
In this article we consider recent developments in the revised Highway Code including clamping down on phone usage whilst driving and an update on smart motorways. In light of new rules being introduced on 29 January 2022, we consider what this means from a prosecutions perspective.
Article 27/01/2022
The UK Government has published its response to the ‘Protect Duty’ consultation, which sought stakeholder views on a requirement for certain publicly accessible locations to implement security measures. Seventy per cent of respondents agreed there should be additional measures to protect the public from terror attacks.
Case review 26/01/2022
In February 2010, the claimant suffered a brain injury and physical injuries whilst detained in hospital. Liability was established in favour of the claimant and the quantum trial took place in May 2021. There were various considerations in this case, but two of the key issues in dispute related to future care and capacity.
Case review 25/01/2022
Hot on the heels of the judgment in the case of Stansfield v BBC [2021], the High Court has handed down judgment in Palmer v Mantas & Anor [20.01.22]. The claimant received an award for damages in excess of £1.6m for her minor traumatic brain injury (mTBI) in the face of allegations in regard to fundamental dishonesty.
Case review 25/01/2022
In the case of NAX V MAX & Anor [2021], the claimant suffered serious and life changing injuries following a road traffic accident on 23 November 2018. Whilst the defendant admitted primary liability, causation and contributory negligence were raised as an issue within the defence.
Article 25/01/2022
The COVID-19 pandemic has been a global health and economic crisis with devastating effects. For many countries, the focus has shifted to economic recovery and growth. Integral to this is the safety of workers’ physical and mental health. In this article, we provide a cross-jurisdictional review of how COVID-19 risk will be regulated by criminal enforcement agencies in the UK, US and Australia.
Article 24/01/2022
As we approach the second anniversary of COVID-19 related restrictions in the UK, HM Courts & Tribunals Service has published its evaluation of remote hearings which were quickly adopted when in-person hearings could not take place. Looking to the future, how will the courts be holding hearings? Remotely or in-person?
Case review 21/01/2022
On 13 January 2022, the Court of Appeal handed down the latest judgment considering whether a defendant can be held liable for psychiatric injury suffered by a close relative of a primary victim of clinical negligence.
