Legal Article
20/12/23
Following on from the rather controversial decision of the Court of Appeal, the Supreme Court have handed down Judgment in HXA v Surrey County Council and YXA v Wolverhampton City Council [2023] UKSC 52 confirming the position that there is no assumption of responsibility and thereby no duty of care…
Legal Article
10/11/23
The Government has published its response to the consultations "retained EU employment law" and "calculating holiday entitlement for part-year and irregular hours workers". Whilst the response covers a number of areas (set out below) the most noteworthy is the proposal to change how…
Legal Article
09/08/23
DJ v Barnsley Metropolitan Borough Council & AG (DJ) [2023] EWHC 1815 On 18 July 2023, Mrs Justice Lambert handed down her judgment in DJ v Barnsley Metropolitan Borough Council & AG (DJ). This appeal case evaluated whether a Local Authority can be held vicariously liable for the tortious…
Legal Article
02/06/23
On Wednesday 17 May 2023, the Court of Appeal handed down its judgement in AB v Worcestershire County Council and Birmingham City Council dismissing the Claimants appeal and upholding the deputy High Court Judge Obi's decision to give summary judgment to both defendants. Fact of the Case…
Legal Article
02/06/23
Well, it took slightly more than the 6 months committed to but the Government have now responded to the final report of the Independent Inquiry into Child Sexual Abuse. The responses still lack detail and clarity with regards to the specific changes and actions, particularly with regards to the issues…
Legal Article
13/02/23
This article is the fourth and final in our IICSA blog series and will explore Recommendation 19, the Inquiry's recommendation that the UK Government establishes a single tiered redress scheme in England and Wales. Why has the recommendation been suggested? The Inquiry's research…
Legal Article
08/02/23
According to the HSE between 5 and 6 people in the UK are killed each year when trees or their branches fall on them. The incidents involving around 3 of those people will take place in public places with trees that are owned and maintained by local authorities. As recently as September 2020 a six…
Legal Article
01/02/23
Following on from the decision in DSN v Blackpool Football Club Ltd [2021] EWCA Civ 1352, the High Court were asked to consider principles of vicarious liability in the matter of MXX v A Secondary School [2022] EWHC 2707 (QB). Background In MXX v A Secondary School the Claimant, a pupil…
Legal Article
26/01/23
It has long been considered the norm for schools, and places of work, to require their pupils and/or employees to adhere to a uniform policy. Indeed, I and many of my peers remember being told at school that we couldn't wear nail polish or wear our tie too short etc. One aspect of uniform…
Legal Article
18/01/23
Newcastle City Council have recently been fined £280,000 due to the tragic death of a six-year-old girl, who sadly died at school after being struck by a falling tree. The fatality is a stark reminder of the necessity for Councils to prioritise the safe management of trees on school land.…
Legal Article
16/01/23
In July 2022, the Supreme Court held that holiday entitlement under the Working Time Regulations 1998 for permanent part-year workers should not be pro-rated and that anyone on a year-round contract is entitled to 5.6 weeks of holiday pay, calculated using a holiday entitlement reference period of 52…
Legal Article
06/01/23
Cleveland Fire Authority recently pleaded guilty to breaching section 2(1) of the Health and Safety At Work Act 1974 after the Health and Safety Executive found that they had not assessed the risks posed by a training exercise in which a firefighter sustained significant injuries to his legs. The…
