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  • BA child abuse claims shines spotlight on vicarious liability

    Ceri-Sian Williams

    British Airways (BA) is being sued over allegations that a pilot abused children on stopovers in Africa. He allegedly used his involvement in BA’s community relations work to visit schools and orphanages which received donations from the airline. Recent sexual abuse cases have chipped away at the test for vicarious liability. We now look for […]

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  • franchising – assessing ‘good faith’ and ‘protected business’ rights

    Gordon Monaghan

    In the recent case of Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors the High Court granted the claimant franchisor injunctive relief to enforce restrictive covenants and the ‘step-in’ provisions under a franchise agreement. This was despite arguments put forward by the defendant franchisee that the franchisor had breached an implied obligation […]

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  • let's talk about FGM

    Hayley Roberts

    A new package of compulsory training for teachers, doctors and social workers is to be unveiled by Nick Clegg later this week to tackle the issue of female genital mutilation (FGM). Around 66,000 girls are estimated to have undergone FGM since 2003, but in the last eleven years, only one person has been prosecuted under […]

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  • another public inquiry on child abuse

    Sarah Erwin-Jones

    The Home Secretary’s announcement that she has asked the head of the NSPCC to lead a review of historical child sex abuse allegations will be welcomed by many. Others may question what specifically the terms of reference will be, and how much it will cost. If it stays focussed, then the two keys issues according […]

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  • two ticking clocks and S.33 Limitation Act

    Bridget Tatham

    The recent Court of Appeal decision of Malone v Relyon Heating Engineering Ltd has given renewed life to limitation defences, particularly in latent disease claims. The court allowed the defendant’s appeal against the first instance decision extending the limitation period under s.33 Limitation Act. The claimant in Malone accepted that he had constructive knowledge of […]

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  • proposed limits to delegation of child social care functions to no...

    Joanne Pruden

    Amended draft regulations (going before Parliament over the summer) limit the extent that children’s social care functions can be delegated so local authorities (LAs) can only delegate to non-profit-making organisations. The proposed amendment responds to a DfE consultation which highlighted concerns including the fact that LAs may be motivated (even if by budgetary necessity) by […]

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  • personal injury protocol consultation launched

    James Arrowsmith

    As part of its review of pre action protocols, the Civil Procedure Rules (CPR) Committee has launched a consultation on changes to the protocol for personal injury claims. Since introduction of the new processes for low value motor, EL and PL claims the injury protocol has become less used, but it remains the basis on which […]

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  • the Consumer Contracts Regulations 2013 are here! Are you ready?

    Dinah King

    If your business is a retailer selling goods, services or digital content to consumers, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will impact your business directly. These regulations come into force in just tomorrow, Friday 13 June. However, don’t panic if you haven’t recently reviewed your website, consumer terms and conditions or your […]

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  • heroism bill – more form than substance?

    James Arrowsmith

    Justice Secretary Chris Grayling’s Social Action, Responsibilities and Heroism Bill (known as SARAH) announced in the Queen’s Speech is aimed at protecting responsible employers from unmeritorious claims by employees who injure themselves doing “something stupid that no reasonable person would ever have expected to be a risk”. Whilst the announcement suggests a populist measure, there […]

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  • clarification of the role of clinical commissioning groups

    Ben Standing

    Judgment was handed down today in JF v NHS Sheffield Clinical Commissioning Group which considered the role of Clinical Commissioning Groups (CCGs) under s3 NHS Act 2006. The claimant argued that when a person who has been assessed by the CCG as requiring NHS Continuing Healthcare whilst in the community is admitted to hospital, the […]

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  • CJC announce new rule to ease pressure following on from Mitchell

    Paul Smith

    The CPR will be amended to allow parties to agree time extensions of up to 28-days to comply with certain directions, without any application to the court. This ‘gem’ follows from the CJC’s recent conference to assess the impact of Jackson. Although the details are awaited, it is likely to cover directions that will not […]

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  • duty to protect children from sexual exploitation in gangs?

    Sarah Erwin-Jones

    With all the publicity and concern about Jimmy Savile et al, there is an increasing concern about the vulnerability of children to sexual exploitation from adults, but also from other young people. In this article there is a focus on major trauma units and schools, and the role they may or may not play in […]

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  • Select Committee report ‘highly critical’ of MCA and DoLS

    Mark Barnett

    The House of Lords Select Committee have produced a detailed and highly critical report on the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS). While the MCA is widely praised, the report highlights patchy implementation and lack of awareness of its provisions, and in particular a problem overcoming what it calls the ingrained […]

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  • common sense awakens from its slumber in a post Mitchell world

    Matthew Harpin

    Draft Orders from Master Cook now include the following wording (which has been approved by the Master of the Rolls and the President of the Queen’s Bench Division): “The parties may, by prior agreement in writing, extend the time for directions, in the Order dated xxxxxx, by up to 28 days and without the need […]

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  • Mesothelioma claims no longer exempt from LAPSO effect

    Bridget Tatham

    It seems that the government is not for turning. Having revoked the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) exemption for mesothelioma cases last month, bringing this unfortunate tranche of claims into line with all claims from July 2014, the Justice Minister Shailesh Vara has announced that the MOJ will press on. The […]

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  • mesothelioma case reaches a novel, but far reaching conclusion!

    Bridget Tatham

    Mrs Haxton claimed under the Fatal Accidents Act (FAA) for damages following the death of her husband from mesothelima. Unfortunately she was also diagnosed with the disease, having washed her husband’s asbestos covered overalls throughout the years. Her life expectancy was no more than 6-12 months. Her FAA claim, unsurprisingly was reduced by that period […]

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  • do allegations figures raise fair child protection concerns?

    Katie Michelon

    A Freedom of Information request made to local authorities in the UK has revealed that nearly 1,000 school staff have been accused of having a sexual relationship with a pupil. Local authorities provided figures to show where staff had been suspended, disciplined or dismissed following an allegation by a pupil. It’s concerning that these numbers […]

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  • private schools feel the Savile effect

    Sarah Erwin-Jones

    I have been dealing with claims arising out of institutional child abuse for over 15 years. Most of the claims my team has seen have been by claimants from deprived backgrounds complaining of abuse in children homes. Their claims for loss of earnings (the highest value of most serious claims) are limited, because most come […]

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  • new public procurement thresholds published

    Alex Kynoch

    The European Commission has published the new public procurement thresholds to apply from 1 Jan 2014. The new thresholds are set out below with the previous figures in brackets Central government supply and service contracts/design contests: EUR 134,000 (130,000) / £111,676 (113,057) Other contracting authority supply and service contracts/design contests: EUR 207,000 (200,000) / £172,514 […]

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  • court fees consultation to increase civil claims costs

    James Arrowsmith

    A consultation on court fees proposes that parties to some civil and commercial claims could subsidise other cases, and pay for investment in the court system. Family work in the civil courts costs more than the fees generated, while other areas such as injury and commercial claims have been broadly self funding.

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