Even in cases where the issue of liability (fault) for an accident is straightforward, this alone will not be sufficient to succeed in a claim for personal injury. In addition to establishing that the other party is responsible for the accident, a Claimant must also prove that the accident in question was the direct cause of their injuries.
Broadly speaking, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE) applies when there is a transfer of a business (for example where Company A buys Company B) or an outsourced service contract is reassigned or brought back in house (service provision change). Under TUPE, employees of a transferring business/service contract automatically transfer to the new owner/contractor…
Informed consent is the cornerstone of good medical practice, where doctors and patients collaborate together to decide on treatment options that are most suited to both the healthcare needs, and wishes and preferences of individual patients.
Or, as it was put in the well known legal case of Montgomery: “An adult person of sound mind is entitled to decide which, if any, of the available forms of treatment to undergo… The Doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would be likely to attach significance to the risk or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it.”
The Homelessness crisis is one that affects thousands across the UK each year, in particular in London. Recently, concerns have been raised that women may be disproportionately affected by homelessness in ways that cause significant injustice to them. This blog aims to outline how and why this is happening.
Women who are suffering from domestic violence from their partners are often too frightened to flee, typically due to two main reasons. Firstly, due to fear of the consequences at the hand of the perpetrator and secondly, due to the fact that they are at risk of street homelessness with nowhere to stay, often with children. Research carried out by various organisations in 2018 has confirmed that in fact, 33% of female residents in shelters and hostels were sleeping rough and experiencing homelessness due to domestic violence.
The Imprisonment for Public Protection (IPP) sentence has received considerable public attention since the tragic London Bridge attack on Friday. The Mayor of London, Sadiq Khan, has even raised concerns about why it was abolished in 2012. His concerns overlook the reality that the sentence was overwhelmingly condemned as ineffective, inefficient, unjust and inhumane. The real and continuing concern for our country should not be that IPPs were abolished, but that thousands are still locked up and suffering as a result of them.