https://publications.parliament.uk/pa/cm5801/cmselect/cmpubacc/932/93202.htm
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Ministry of Justice says positive case does not indicate coronavirus was transmitted within a court building.
— Read on www.lawgazette.co.uk/news/covid-19-confirmed-at-95-courts-in-less-than-a-month/5107610.article
Ropewalk Personal Injury Blog | New Post
Ropewalk Personal Injury Blog | New Post
Richard Seabrook and Philip Godfrey provide an overview of the law on non-delegable duties of care following the decision of the High Court in Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board [2020] EWHC 3445 (QB.
23 February 2021
The recent case of Hopkins v (1) Akramy (2) Badger Group (3) NHS Commissioning Board[2020] EWHC 3445 (QB) considered whether an NHS Primary Care Trust owed a non-delegable duty of care with regard to healthcare services provided by a third party. HHJ Melissa Clarke, sitting as a Judge of the High Court, held that it did not. An in-depth analysis of the case by Philip Godfrey on our Clinical Negligence Blog can be found here. To read the full judgment, click here.
This blog post provides an overview of the legal considerations in this area and a summary of the various scenarios in which a non-delegable duty of care may arise either at common law or by statute.
Where a duty of care is owed, in general terms it can be delegated. The exception to this is where the nature of the relationship is sufficient to render the duty owed a personal one, such that either by statute or common law the Courts recognise it should not be capable of delegation.
The classic example of the non-delegable duty of care is the special relationship between employer and employee. It is trite law that the duty of care of an employer is non-delegable: Wilsons & Clyde Coal Co Ltd v English [1938] AC 57 and McDermid v Nash Dredging [1987] AC 906.
It is also well-established that the duty owed by a hospital trust to patients having treatment in their hospital is non-delegable, such that it would not matter whether the treatment was provided by an employee or a contractor: Cassidy v Ministry of Health [1951] 2 KB 343.
A number of cases have considered other situations in which a non-delegable duty of care may be owed.
In Hopkins, HHJ Clarke stressed the distinction between a statutory duty of care and a common law duty of care. Where a statute contemplates that a duty is delegable, the common law cannot override that: [40]. Accordingly, the first ’port of call’ will be to carefully examine the statutory provision that it is alleged gives rise to the non-delegable duty.
A continuing theme in the interpretation of whether a statutory duty is delegable is the distinction between cases where there was a duty to provide a service personally (in which case the duty would be non-delegable, as in Woodland v Swimming Teachers Association [2014] AC 537) and where the duty was to arrange for services to be provided (such as in Myton, below).
In Woodland v Swimming Teachers Association [2014] AC 537, the Supreme Court held that it would be fair, just and reasonable to impose a non-delegable duty of care at common law upon a school for the provision of a swimming lesson by an independent contractor. Lord Sumption JSC identified the following five factors at [23] as being relevant to the existence of a common law non-delegable duty of care:
A number of cases have considered the existence of a common law non-delegable duty of care, including:
There are further examples of non-delegable duties of care with regard to dangerous operations on the highway (see Penny v Wimbledon [1899] 2 QB 72), particularly hazardous operations, the escape of fire, and under the rule in Rylands v Fletcher (1868) LR 3 HL 330.
The cases in which a non-delegable duty of care will be imposed upon a Defendant are highly fact-specific. There is a mixture of common law legacy duties (such as Penny v Wimbledon), well-established personal duties (such as employers) and relationships where a particularly high degree of care is called for (such as Woodland and GB v Home Office).
The circumstances in which a Court will find a non-delegable statutory duty of care would appear to be limited, and will depend in large measure on the interpretation of the statute.
Practitioners in this area need to be aware of these legal principles.
For Claimants, a non-delegable duty of care can provide a route to compensating the victim of a tort when the true tortfeasor does not have the means to satisfy a Judgment, and thus provide the only possible route to making recovery.
For Defendants, proper analysis needs to be levelled at any accusation outside of the well-established fields that a duty of care was non-delegable. This is important where, in most cases, the Defendant to such a claim will be innocent of any wrongdoing themselves.
Analysis: decision not to allow Begum back into UK seems to give complete discretion to home secretary
— Read on web.archive.org/web/20210227115658/https://amp.theguardian.com/uk-news/2021/feb/26/shamima-begum-ruling-sets-dangerous-precedent-say-legal-experts
Changes will come into force at the end of May with the advent of the new RTA claims portal.
— Read on www.lawgazette.co.uk/law/government-reveals-long-awaited-whiplash-rules-and-tariffs/5107581.article
Get free access to the complete judgment in Lucas v Barking, Havering & Redbridge Hospitals NHS Trust on CaseMine.
— Read on www.casemine.com/judgement/uk/5b46f1fa2c94e0775e7ef4f3
The government is battling ‘vaccine hesitancy’. How does sneaking through a massive deal with a controversial spy tech firm help?
— Read on www.opendemocracy.net/en/ournhs/why-were-suing-over-the-23m-nhs-data-deal-with-palantir/
Find out how to address different members of the judiciary
— Read on www.judiciary.uk/you-and-the-judiciary/what-do-i-call-judge/
Doughnut economIcs
— Read on time.com/5930093/amsterdam-doughnut-economics/
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From GMB
After four court wins in four years, GMB Union will now consult with Uber driver members over their forthcoming compensation claim
GMB scored a ‘historic’ win as the Supreme Court today passed judgement in the union’s landmark worker’s rights case against Uber.
Judges ruled in GMB’s favour – determining that Uber drivers are not self-employed, but are workers entitled to workers’ rights including holiday pay, a guaranteed minimum wage and an entitlement to breaks.
This has been a gruelling four-year legal battle for our members – but it’s ended in a historic win. Uber must now stop wasting time and money pursuing lost legal causes and do what’s right by the drivers who prop up its empire.
Mick Rix, GMB National Officer
After winning the four-year legal battle, GMB will now consult with Uber driver members over their forthcoming compensation claim at the Employment Appeal Tribunal.
Lawyers Leigh Day, fighting the case on behalf of GMB, say tens of thousands of Uber drivers could be entitled to an average of £12,000 each in compensation.
Today’s ruling is the fourth time Uber has lost in court over its treatment of drivers.
In October 2016, the Central London Employment Tribunal ruled in GMB’s favour.
Instead of accepting the judgement of the courts, Uber took their case to the Employment Appeal Tribunal (EAT) in 2017, which also ruled against the ride-sharing company.
Then in 2018, the Court of Appeal judgement became Uber’s third legal defeat on this issue.
Mick Rix, GMB National Officer, said:
“This has been a gruelling four-year legal battle for our members – but it’s ended in a historic win.
“The Supreme Court has upheld the decision of three previous courts, backing up what GMB has said all along; Uber drivers are workers and entitled to breaks, holiday pay and minimum wage.
“Uber must now stop wasting time and money pursuing lost legal causes and do what’s right by the drivers who prop up its empire.
“GMB will now consult with our Uber driver members over their forthcoming compensation claim.”
The editorial published in one of the world’s oldest and most prestigious medical periodicals is a devastating indictment of the policies of governments around the world in response to the pandemic.
— Read on www.wsws.org/en/articles/2021/02/08/pers-f08.html
Revealed: expected goals being used in football’s war against match-fixing
— Read on www.theguardian.com/football/2021/feb/13/expected-goals-being-used-in-football-war-against-match-fixing-data
Queen’s Bench Division
— Read on courttribunalfinder.service.gov.uk/courts/queens-bench-division
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In December 2019, medical diagnostic firm Abingdon Health was teetering on the brink, with losses of £1.5m. A year later, shares owned by its chief executive, Chris Yates (l), are worth £7.2m.
— Read on www.dailymail.co.uk/news/article-9229507/Taxpayers-foot-87m-bill-ministers-failing-company-Covid-contract-cancel-it.html
Dinah Rose QC is appearing for the Cayman government in a case concerning same-sex marriage.
— Read on www.lawgazette.co.uk/news/lawyers-rally-round-top-qc-under-fire-for-taking-cayman-case-/5107225.article
Master says media attention on claim against Labour party does not mean case should be treated differently.
— Read on www.lawgazette.co.uk/law/corbyn-bid-for-pre-action-disclosure-dismissed-as-fishing-by-court/5107221.article
Sir Geoffrey Vos set out his vision for an online civil justice system during a Law Society webinar this morning.
— Read on www.lawgazette.co.uk/news/master-of-the-rolls-to-create-online-funnel-for-civil-claims/5107194.article
Find out about the changes in practice brought in after COVID 19
— Read on www.judiciary.uk/announcements/senior-courts-costs-office-guide-the-2021-version-is-now-available/
covid vaccine frequently asked questions when will i get covid vaccine coronavirus vaccine
— Read on www.carersuk.org/help-and-advice/coronavirus-covid-19/covid-vaccine-faqs
Reporting to the enhanced surveillance of COVID-19 cases in vaccinated individuals – GOV.UK
— Read on www.gov.uk/government/publications/covid-19-enhanced-surveillance-of-cases-in-vaccinated-individuals/reporting-to-the-enhanced-surveillance-of-covid-19-cases-in-vaccinated-individuals
he WHO, the European Medicines Agency and the FDA in the US have all advised against extending the time between first and second doses
— Read on www.euronews.com/amp/2021/01/21/covid-vaccinations-second-shot-delays-not-recommended-by-global-health-chiefs
another entity and a subsidiary of a larger corporation. An intermediate holding firm might be exempted from publishing financial
— Read on corporatefinanceinstitute.com/resources/knowledge/strategy/holding-company/
National firm brought action after new enquiries dropped by up to 50% following ‘scam solicitor’ comment.
— Read on www.lawgazette.co.uk/news/disgruntled-client-ordered-to-pay-25000-damages-for-libellous-review/5107081.article
How effective is a single vaccine dose against Covid-19?
— Read on www.bbc.com/future/article/20210114-covid-19-how-effective-is-a-single-vaccine-dose
In The 52 Occupiers of the Ceramic Works v Bowmer & Kirkland Ltd & Anor [2021] EWHC 17 (TCC) District Judge Baldwin considered an application to substitute a defendant after the primary limitation period had expired. The judge, if anything, was critical of the defendant’s stance. The claimants’ applications were granted. “Whilst there is…
— Read on www.civillitigationbrief.com/2021/01/18/claimants-sued-the-wrong-non-existent-defendant-and-the-limitation-period-had-expired-dont-start-breaking-the-crockery-just-yet/
Fact Sheet: Activity at the Wuhan Institute of Virology
— Read on www.state.gov/fact-sheet-activity-at-the-wuhan-institute-of-virology/
Norway said Covid-19 vaccines may be too risky for the very old and terminally ill, the most cautious statement yet from a European health authority as countries assess the real-world side effects of the first shots to gain approval.
— Read on www.bloomberg.com/news/articles/2021-01-15/norway-warns-of-vaccination-risks-for-sick-patients-over-80
Proper ventilation, filtration and humidity reduce the spread of pathogens like the new coronavirus.
— Read on www.nytimes.com/2020/03/04/opinion/coronavirus-buildings.html
Judgment substantially allows the Financial Conduct Authority’s appeal and dismisses insurers’ appeals.
— Read on www.lawgazette.co.uk/news/supreme-court-backs-small-business-on-covid-loss-insurance/5107040.article
Experts say drafting flaws may have been ironed out by new ruling on enforceability of agreement.
— Read on www.lawgazette.co.uk/law/lawyers-hail-watershed-appeal-court-ruling-on-dbas/5107046.article
Press watchdog says claims were ‘significantly misleading’ as newspaper told to publish correction
— Read on amp.theguardian.com/media/2021/jan/14/daily-telegraph-rebuked-over-toby-youngs-herd-immunity-covid-column
Public and Commercial Services Union says it will consider an industrial response if HMCTS ignores its demands.
— Read on www.lawgazette.co.uk/news/union-lashes-out-at-business-as-usual-courts/5106980.article
A law firm and the barrister it instructed were pursued for negligence by a former client.
— Read on www.lawgazette.co.uk/news/barrister-ordered-to-cover-40-of-firms-negligence-payout-/5107006.article
What are the consequences of a failure to serve medical evidence with the Particulars of Claim? This question was considered by the High Court in its recent judgment in Mark v Universal Coatings and Services Limited.
— Read on www.dacbeachcroft.com/en/gb/articles/2019/january/is-the-service-of-medical-evidence-with-proceedings-mandatory/
Teacher coronavirus infections are far outstripping local averages, figures from three local authorities obtained by the NASUWT reveal
— Read on www.tes.com/news/exclusive-coronavirus-schools-teacher-covid-rates-333-above-average
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