The Court of Appeal upheld the High Court’s finding that the local authority was vicariously liable for the negligent failure of its employees to ensure that the prospective adoptive parents were given full and relevant information about the children before they were placed Adoptive parents, A and B, sued the local authority in negligence […]
A and B v Essex County Council [2003] EWCA Civ 1848 Read More »
Summary This was a private law case about damages due to the Claimant who was seriously injured as a result of a road accident and will require care for the rest of her life. The underlying issue was that of the well-established principle of avoiding “double recovery”, whereby a claimant cannot claim for the same
WNA v NDP [2023] EWHC 2970 (KB) (22 November 2023) Read More »
https://www.bailii.org/ew/cases/EWHC/KB/2023/1815.html This appeal, heard by Mrs Justice Lambert in the High Court, sought to overturn an order of August 2021 dismissing an appeal for damages for personal injury against Barnsley Metropolitan Borough Council. The claimant, DJ, said Barnsley should be held vicariously liable for the sexual abuse inflicted upon him by Mr G, an uncle
DJ v Barnsley Metropolitan Borough Council [2023] EWHC 1815 Read More »
https://www.bailii.org/ew/cases/EWCOP/2023/30.html This application to the Court of Protection concerned Tony, a man in his mid-fifties. The court was asked to determine whether Tony had capacity to make a decision as to where he should live, specifically to choose between two residential care home settings, Placement 1 and Placement 2. Additionally, the Court was asked to
TW v Middlesbrough Council [2023] EWCOP 30 Read More »
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Admin/2023/1230.html&query=(primrose)+AND+(matovu) This appeal under a statutory framework concerned the question of whether sanctions imposed upon a nurse (the Nurse) by a Fitness to Practice Committee of the Council (the Panel) of the Nursing and Midwifery Council (the Council) were sufficient to protect the public and the reputation of the NMC. The referrer – the Professional
This case in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt. Background MXK and SXB were both foreign nationals and mothers of young children. Both had
https://www.dekachambers.com/wp-content/uploads/2023/05/AB-Judgment-CA-final-v2.pdf The appellant brought a claim for damages against two local authorities, Worcestershire (first respondent) and Birmingham (second respondent), alleging that failure to remove him from his mother’s care, whilst a child, breached his obligations under ECHR art.3: Prohibition of torture; No one shall be subjected to torture or to inhuman or degrading treatment or
AB v Worcestershire CC, 2023 WL 03504902 (2023) Read More »
https://caselaw.nationalarchives.gov.uk/ewcop/2023/5 This case concerns the question of whether R had capacity as regards her birthing arrangements. R was a serving prisoner and a failed asylum applicant. She had two previous children, both of whom had been removed from her care. R was a serving prisoner, following a conviction for an unspecified offence of violence. There
North Bristol NHS Trust v R [2023] EWCOP 5 Read More »
https://www.bailii.org/ew/cases/EWCOP/2023/8.html Facts The case before the court concerned two applications. The first application, to be determined by the Court of Protection, related to a best interests decision in respect of D, who lacked capacity. The second application, in the Family Court, was contingent upon the first application, and was an application for a decree nisi
D v S [2023] EWCOP 8 (01 March 2023) Read More »
After a local authority admitted to both negligence and vicarious liability, the court approved a settlement in favour of a vulnerable adult (S) for the sum of £325,000 in respect of abuse and neglect perpetrated by her foster parents (F). S had very significant additional needs from birth, including severe learning difficulties and autism. She
SS v Essex County Council & Ors [2023] EWHC 417 (KB) (28 February 2023) Read More »