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Heaven v Ministry of Justice: landmark settlement for prison officer

The Claimant, an ex-prison officer, brought proceedings against the MoJ for severe psychiatric injuries which he suffered during the course of his employment at HMP Grendon, a category B prison. The Claimant was stationed on a wing that housed inmates convicted of serious sexual offences. As part of their rehabilitation, inmates underwent “therapeutic...

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New PI Blog launched

1 Chancery Lane is delighted to announce the launch of a new PI Blog,  The blog is a joint endeavour between Chambers and piCalculator, an online tool for calculating personal injury losses.  It features latest news in the fields of Personal Injury and Clinical Negligence and is updated on at least a weekly...

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TBE v Royal Berkshire NHS Trust: £7.85 million awarded to child with severe cerebral palsy

TBE was born on 15 September 2000 at The Royal Berkshire Hospital and is now 10 years old.

TBE's mother, SB, had a caesarean section delivery with her first child in 1998. Her pregnancy with TBE progressed normally and TBE was due on 19 September 2000. It was agreed with her doctor that she would attempt vaginal delivery of TBE but that should the baby's heart...

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No liability for stressful disciplinary process: Dermott v London Borough of Harrow

In a judgment handed down on 21 January 2011, McKay J dismissed a claim for psychiatric injury suffered by the claimant during a protracted disciplinary process. The claimant alleged a large number of breaches of his employer’s duty to take reasonable care to protect his health and a breach of the implied term of trust and confidence.

The judge applied the...

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Amberley (UK) Ltd v West Sussex County Council: Local authority not liable for increases in care home fees

On January 20th 2011, the Court of Appeal [2011] EWCA Civ 11 dismissed an appeal by Amberley (UK) Ltd, the operator of a care home in Sussex, from the decision of Field J [2010] EWHC 651 (QB) dismissing a claim for unpaid fees against West Sussex County Council.
The council had become subject to the contractual liabilities of a number of residents at the home...

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Qualified Privilege and the HRA: Clift v Slough Borough Council

Judgment in the above case was handed down recently in the Court of Appeal.
The local authority placed the Claimant on its register of potentially violent people, which it circulated to certain of its employees and partner organisations providing services on the council’s behalf. The council contended there was qualified privilege, arguing that the...

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Liability for Murderous Assault: Everett v Comojo Ltd

Everett & Another v Comojo UK Ltd T/A The Metropolitan & Others

Judgment was handed down in the Court of Appeal on 18th January 2011 in the above case.  The case concerned an assault in a nightclub.  The facts were that a waitress working in the nightclub was allegedly assaulted by two men who were in the nightclub.  Another patron of the...

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R(Pewter) v Commissioner of Police of the Metropolis: Judicial Review and Public Interest Immunity

On Friday 3 December 2010 Wilkie J sitting in the Administrative Court, held, dismissing the claimant’s JR Claim, that the disclosure by a police officer of the existence of a prison report which attracted public interest immunity by virtue of being part of the multi-agency public protection arrangements scheme (MAPPA) was not capable of interfering with the...

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