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Van Colle v Chief Constable of Hertfordshire: Leave to Appeal Granted

The appeal committee of the House of Lords announced on Tuesday 17th July 2007 that leave to appeal to the House of Lords would be granted to the defendant in the above case. The appeal will be heard in 2008.

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Right to an Education under the Human Rights Act: A and Others v Essex County Council and Others

Judgment was handed down in the High Court on 13 July 2007 in the above claims under the Human Rights Act 1998. The Claimants, all of whom were children with special educational needs, alleged that their human rights had been breached because they had not been educated in accordance with their needs. They sought extensions of the 1 year limitation period...

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John F Hunt Demolition Ltd v ASME Engineering Ltd: claimant not entitled to recover settlement

Judgment in the above case was handed down on Wednesday 27 June 2007 in the TCC.  The case raises "two unrelated topics, both much-loved by practitioners in this area of law". 

1.  A claimant who settles with a third party to whom he had no liability in law can in principle recover the amount of that settlement from a defendant, provided that...

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Young v Catholic Care & Anor: leave to appeal to the House of Lords granted.

On 14 June 2007 the claimant in the above case was granted leave to appeal the Court of Appeal's judgment dated14 November 2006.  The appeal concerns the test under s14(2) of the Limitation Act 1980 to determine when a person would reasonably have considered an injury to be sufficiently serious to justify his instituting proceedings for damages.  Edward...

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No breach of educational psychologist's duty: Kendall v Southwark BC

Judgment in the case of Kendall v Southwark BC was handed down in the High Court on 1 June 2007.  The case was a negligent education claim against an educational psychologist.  It considered the nature and extent of the duty owed in respect of the educational psychologist's function in providing the documents forming part of the schedule...

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New 2007 Issues of Atkin's Court Forms: Personal Injury, Professional and Clinical Negligence

The new 2007 issues of Atkin's Court Forms 2nd Ed Vols 29(2) (Personal Injury) and 29(3) (Professional and Clinical Negligence) will be released shortly.  Alastair Hammerton contributed to both volumes and Laura Johnson contributed to volume 29(2).

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Documents not covered by 'without prejudice' privilege: Stax Claimants v Bank of Nova Scotia Channel Islands Ltd & Ors

In an interlocutory judgment handed down on 15 May 2007, Mr Justice Warren held that the claimants were not able to claim 'without prejudice' privilege over documents arising out of a meeting between the claimants' lawyers and lawyers representing the Part 20 defendants as the meeting had not concerned settlement of the dispute.  However,...

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Social workers and others owe no common law duty of care to parents: Lawrence v Pembrokeshire County Council

Judgment in the case of Lawrence v Pembrokeshire County Council [2007] EWCA Civ 446 was handed down by the Court of Appeal on 15th May 2007.  The Court, dismissing the appeal, held that social workers and others owe no common law duty of care to parents when carrying out their child protection functions, notwithstanding the Human Rights Act 1998.

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