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Articles matching "abuse"
Vicarious liability extended: liability of local authorities for abuse by foster carers.
Liability of local authorities for abuse by foster carers.
Read moreLocal authorities: vicarious liability for the wrongful acts of foster carers
The Supreme Court has today decided by a majority of 4-1 that a local authority can be held vicariously liable for abuse of a child committed by foster parents whilst in their care
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The Limitation (Childhood Abuse) (Scotland) Bill
The Limitation (Childhood Abuse) (Scotland) Bill
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Historic abuse claims: When is late too late?
Paul Donnelly and Samantha Chambers acted on behalf of the Defendant and its insurers in Wilde v Coventry City Council (2017) – a historic abuse claim where HHJ Maloney QC refused to exercise…
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Vicarious liability is on the move…
As the opening sentence of Lord Reed’s judgment in Cox says, “vicarious liability is on the move” and the conjoined appeals of Cox v Ministry of Justice and Mohamud v WM Morrison Supermarkets Plc…
Read moreCourt of Appeal hands down judgment in NA v Nottinghamshire County Council
Yesterday’s Court of Appeal decision in the case of NA v Nottinghamshire County Council will be welcomed by local authorities and their insurers potentially facing strict liability for abuse by foster…
Read moreLimitation: special consideration for abuse claims?
The higher profile of abuse claims has recently led to this issue being given special consideration by the Scottish Government. The result is a new consultation that seeks to introduce primary…
Read moreA Court of Appeal view on limitation in abuse claims
The Court of Appeal has recently handed down a judgment on the issue of limitation in an abuse claim. Whilst not a new issue, it is one that is likely to become increasingly relevant at a time when…
Read moreLocal authority: no vicarious liability or non-delegable duty owed in respect of foster parents’ acts
Andrea Ward highlights the key issues and comments on the effect for local authorities when the High Court found there to be no negligence on the part of a local authority in respect of failure to…
Read moreDoes a local authority have a non-delegable duty for abuse by foster carers?
Andrea Ward examines this first instance decision involving historic abuse of two claimants by foster parents when they were girls.
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