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Article 08/03/2022
Safeguarding in the e-sports arena
E-sports is the term used to describe competitive video gaming played for spectators, typically by professional gamers. Whilst many are familiar with more traditional video games, it seems that less than half the UK population are familiar with e-sports. This article considers a number of the risk areas that have been identified within the e-sports arena and the steps that are being taken to mitigate risks.
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Case review 28/01/2022
Further developments in ‘failure to remove’ claims
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.
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Case review 28/01/2022
Judicial clarity provided on the Human Rights Act and ‘failure to remove’ cases
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.
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Article 16/06/2021
Ofsted Report - sexual harassment and abuse normalised
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.
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Case review 26/05/2021
Further clarity around failure to remove claims
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).
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Article 08/04/2021
Urgent review to be undertaken by Ofsted following sexual abuse allegations in schools
In June 2020, Somo Sara founded a movement via social media, sharing her personal experience of what she describes as “rape culture”, a situation when thoughts, behaviours and attitudes in society have the effect of normalising and trivialising sexual violence.
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Article 26/08/2020
The Scottish Redress for Survivors Bill
On 13 August the Redress for Survivors (Historical Child Abuse in Care)(Scotland) Bill was published. This followed on from the consultation process and ‘conversation’ which took place as to the form and nature of the Redress Scheme intended to help survivors in Scotland. Broadly speaking, it is formulated as expected from the Consultation process.
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News 05/05/2020
Kennedys promotes thirteen to global partnership
We are delighted to confirm the promotion of thirteen lawyers to our partnership across practice areas including commercial, employment and healthcare, as well as specialist areas of insurance and liability that include cyber, property and construction, professional liability, travel, abuse and fraud. Eight of those promoted are based in the UK, with four in the US and one in Australia. Our worldwide partner count is now 264.
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Case review 06/06/2019
The Supreme Court upholds the strike out of claims seeking to impose a duty of care on a local authority arising out of its functions under the Children Act 1989
In a welcomed decision, the Supreme Court has delivered its long-awaited judgment clarifying the scope of duties owed by local authorities. The court confirmed there is no assumption of responsibility arising out of the mere operation of social services functions, and except in defined exceptional categories, there is no duty of care to protect individuals from harm caused by third parties.
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Article 17/02/2017
The out of hours response to dangerous defects
The Court of Appeal decides that there has to be some means of responding quickly to complaints from members of the public of serious and dangerous defects in the road.