19 Dec 2019
The Nuffield Family Justice Observatory has recently published a review which will assist in developing new guidelines for pre-birth assessments and the removal of infants at birth from their parents. A local authority may wish to intervene during pregnancy and subsequently issue care proceedings…
Insurance
19 Dec 2019
Derbyshire County Council have recently been fined £500,000 following the first prosecution brought by the Care Quality Commission (CQC) against a local authority since the watchdog was given powers in 2015 to prosecute health and social care providers for failing to provide safe care and…
Insurance
19 Dec 2019
Mazhar v Lord Chancellor [2019] EWCA Civ 1558 On 2 October 2019, the Court of Appeal confirmed that proceedings seeking a declaration of a breach of Article 5(1) of the European Convention on Human Rights (ECHR) resulting from a judicial act should be by way of an appeal of the original order,…
Insurance
19 Dec 2019
L v The Trustees of Anon Angling Society A claimant has had his claim for personal injury struck out after the Court found there was no legal basis for the claim. Background Claims against unincorporated member associations must be carefully considered as was illustrated by a recent…
Insurance
19 Dec 2019
A Claimant who was injured whilst attempting to move an archery target has lost her claim at trial. The facts The Defendant provided archery facilities and training sessions. The Claimant was a keen archer and attended sessions on a regular basis. Prior to an archery class starting, the…
Insurance
19 Dec 2019
Evidence uncovered relating to a claimant's claims history led to the dismissal of his claim for personal injury following an alleged trip in a carriageway pothole. The facts The Claimant alleged that as he crossed the road, his foot went into a pothole, and he injured his ankle. The…
Insurance
19 Dec 2019
Wilson v The Co-operative Group The Claimant was shopping in a supermarket when she alleged that she tripped on the upturned edge of a mat situated on the vegetable aisle. She fell forwards and sustained soft tissue injuries. The Claimant alleged that the upturned edge of the mat was a…
Insurance
19 Dec 2019
Council fined £1.4m after child suffers life-changing head injury on a street bollard Hampshire County Council has recently been sentenced and fined £1.4 million after being found in breach of s.3 (1) Health and Safety at Work etc. Act 1974. It has also been ordered to pay costs of &…
Insurance
19 Dec 2019
Samantha Mustard v (1) Jamie Flower (2) Stephen Flower (3) Direct Line Insurance [2019] EWHC 2623 (QB) A defendant insurer in a personal injury claim applied to exclude the claimant's covert recordings of medical examinations with the defendant's experts and to set aside excessive Part 35…
Insurance
19 Dec 2019
Jet 2 Holidays Ltd v (1) K Hughes (2) L Hughes (2019)[2019] EWCA Civ 1858 The Court of Appeal has confirmed that false witness statements verified by a statement of truth, made in compliance with a pre-action protocol (PAP), can give rise to an application for committal for contempt. The…
Insurance
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