In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the implications of the Court of Appeal’s judgment in CN v Poole Borough Council ‘Following CN v Poole, no duty of care can be owed by a local social services authority in the exercise of its child protection …
Continue reading "Local authority duties: Limited liability"
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In the conclusion to a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg examine the Court of Appeal‘s approach to local authority duties and the implications of its judgment in CN v Poole Borough Council ‘Two aspects of the case law militated against liability: the danger of encouraging defensive decision-making, and the …
Continue reading "Local authority duties: Limited liability"
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In the first of a two-part analysis, Robert Hams, Lord Edward Faulks QC and Paul Stagg summarise the background to the Court of Appeal decision in CN v Poole Borough Council and the line of relevant authorities on negligence ‘A duty of care is not normally owed to protect a person from the actions of …
Continue reading "Local authority duties: Finding fault"
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Duty of care; providing accurate waiting times ‘The failure of the claim on the basis of a lack of proximity is an interesting element, particularly given the reliance on the case of Rahman against a background of finding that there was foreseeability.’ Mr Darnley was attacked by persons unknown and struck on the head. He …
Continue reading "Case Report: Darnley v Croydon Health Services NHS Trust [2015] EWHC 2301 (QB)"
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Wills & Trusts Law Reports | October 2013 #133The defendant firm of solicitors had acted for Hazel Charlton (testatrix) of 12 Cecilia Road, Leicester, in relation to a will that she had made on 14 May 1998 (1998 will). The testatrix, who had been previously married twice, had spent the last 20 years with her partner, John Fishbein, latterly living in his house at Barton on Sea. Apart from Mr Fishbein, the residuary beneficiaries of the 1998 will were respectively the testatrix’s cousin, Mrs Atkinson, and friend, Dr Bhangoo. The claimant, who was a step-granddaughter of the testatrix by her second husband, was not a beneficiary...
