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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).
Article 27/04/2021
The legal context and update on the redress in Scotland for historical abuse, the Australian National Redress Scheme and the direction of travel.
Article 08/04/2021
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.
Article 08/04/2021
On April 1, 2021, the California Supreme Court entered an opinion in Brown v. USA Taekwondo, which involves sexual abuse-related claims against USA Taekwondo (“USAT”) and the United States Olympic Committee (“USOC”).
Case review 17/03/2021
Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [15.03.21] - In a unanimous decision, the Court of Appeal has reaffirmed the extended principles of vicarious liability as set out in Cox v Ministry of Justice [2016] and Mohamud v WM Morrison Supermarkets plc [2016] , despite the lack of a traditional employee/employer relationship.
Case review 16/03/2021
This article considers the court’s application and interpretation of Poole Borough Council v GN and another [2019] (CN and GN) in a number of recent strike out decisions.
