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Article 26/05/2023
Paris has voted to ban rental e-scooters: will the UK follow?
Parisians have voted overwhelmingly to ban rental e-scooters from the capital. The action has brought into sharp focus the approach the UK Government has taken and may now take.
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Article 26/05/2023
Independent Inquiry into Child Sexual Abuse - the Government’s response
On 22 May 2023 the Government published its response to the Final Report of the Independent Inquiry into Child Sexual Abuse (IICSA) in which it states it accepts the need to act on 19 of the 20 recommendations.
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Case review 19/05/2023
Court of Appeal identifies the correct test under Article 3 of the Human Rights Act 1998 in failure to remove case
The Court of Appeal (CoA) has upheld the decision of the High Court to grant summary judgment to the defendant local authorities in a case alleging breach of Article 3 of the Human Rights Act (HRA) 1998 for failure to remove the claimant from his mother’s care. In doing so, the CoA has provided useful guidance which will assist in dealing with these claims.
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Article 16/05/2023
Civil Justice Council publishes its final report on costs
Last year, the Civil Justice Council Costs Working Group was charged with taking a "strategic and holistic look at costs, particularly given the ongoing transformation of civil justice into a digital justice system". On 10 May 2023, the Working Group published its final report and recommendations, offering an insight into the likely direction of travel for costs in civil claims. In this article, we provide an overview of the responses to the consultation and the recommendations put forward.
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Article 12/05/2023
Terrorism (Protection of premises) Bill: briefing note
The Terrorism (Protection of Premises) Bill, also known as the ‘Protect Duty’ or ‘Martyn’s Law’, aims to keep people safe from terrorist attacks by introducing proportionate security requirements for certain public venues.
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Article 10/05/2023
Personal injury discount rate: a global snapshot
The recently closed Ministry of Justice (MoJ) call for evidence considers different models for setting the personal injury discount rate (PIDR) in other jurisdictions including Hong Kong, the Canadian province of Ontario and Jersey which set different rates based on the duration of the award, in addition to the heads of loss approach adopted in the Republic of Ireland. In this article, we consider each of these jurisdictions in more detail.
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Case review 05/05/2023
Testing the inconsistences
In a recent case handed down by the Sheriff Appeal Court, the Sheriff Principal considered whether the previous sheriff erred in attaching too great a weight on hospital records when assessing the credibility of the pursuer, where the authenticity of the documents was not agreed and the nurse who wrote the record had not been called to give evidence.
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Article 28/04/2023
Retailers - in harm’s way? Practical steps to protect workers
The British Retail Consortium (BRC) has released its 2023 annual crime survey highlighting that incidents of violence and abuse against retail workers have almost doubled on pre-pandemic levels. In this article, we consider the BRC’s findings and offer some practical considerations for businesses in terms of how to tackle and mitigate against this growing issue.
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Case review 27/04/2023
Supreme Court retreats from seemingly extended principles of vicarious liability
Following the Court of Appeal’s decision in March 2021 which stood as a further example of a faith-based establishment being caught by the extended principle of vicarious liability, the Supreme Court has clarified the position by allowing the defendant’s appeal.
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Article 26/04/2023
Protect Duty Bill: what to expect
The tragic Manchester arena bombing that occurred on 22 May 2017 has prompted a campaign for legislation to better protect the public from the risk of terrorist attacks. The UK Government has confirmed that it will introduce legislation (commonly referred to as the ‘Protect Duty’ or ‘Martyn’s Law’) focused on improving the safety and security of public venues in the UK in spring 2023.