Duty on an Educational Psychologist. Where an assessment of a claimant’s special needs by an educational psychologist employed by the defendant local education authority had, in all respects, amply fulfilled the requirement for a competent assessment reflecting contemporary advice and practice, a claim for professional negligence in the making of that statement had to fail.
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The Court considered an adjudication enforcement case where the ground for resisting enforcement was the fact that the decision was reached out of time, an issue which has been the subject of much recent case-law. The parties had granted the adjudicator a 14 day extension of time for issue of the decision (to 3 April). Shortly before the decision was due, C provided responses to queries raised by the adjudicator. D sought further time to respond. The adjudicator agreed to give D a further tw ...
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A employed R as night manager at his hotel. R was a Nigerian but had permission to work in the UK. A paid R less than the minimum wage on the basis that he was vulnerable. When R sought to obtain a NI number A first tried to discourage him and then dismissed him. Was the ET entitled to find race discrimination and (if so) was it entitled to make the awards it did?
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Proof - Reparation
Here the pursuer sought damages in respect of an injury he sustained to his right ankle while working in the course of his employment. Quantum was agreed, on a full liability basis, at £75,000. The only issue here was liability which the defenders denied. On 22 January 2004 the pursuer had fallen whilst lifting boards from a van. The pursuer claimed that he had never received any instruction by the defenders as to the appropriate way to remove boards from the lorry. It was submitted that the pur ...
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Petition of H.M.A. for the making of a Confiscation Order in terms of sections 92 and 104 of the Proceeds of Crime Act 2002
On 26 July 2004 at the High Court at Glasgow the respondent was sentenced to 21 years imprisonment after having pled guilty to a contravention of section 4(3)(b) of the MDA 1971. On appeal, the sentence was reduced to 13 years imprisonment. At that time the prosecutor did not ask the court to act under section 92 of the Proceeds of Crime Act 2002 and no confiscation order was made against the respondent. However, in this petition the Crown sought to invoke section 104 of the 2002 Act that provid ...
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DDA 1995 and Risk Assessments: In Spence v Intype Libra Ltd, the EAT held that an employer's failure to make an assessment of a disabled employee does not amount to a failure to make a reasonable adjustment. The EAT gave leave to appeal to the Court of Appeal.
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Even where there had been a provisional agreement between parties to transfer a beneficial interest, it was right to order the sale of a property where that agreement had not been acted on by the benefiting party either in good time or to his detriment.
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The Highway Code and Contributory Negligence. Judge Mackie QC held that a breach of the Highway Code, if established, did not create a presumption of negligence, but was merely a factor to be taken into account when considering the issue. The defendant adduced evidence that suggested that the claimant had not continued to look down the road before moving out from behind a van. However, the judge felt that on the evidence available he had probably taken adequate steps to look out before crossing ...
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The Law Society had acted properly in intervening in a solicitors’ practice where in two successive years there had been deficiencies in the firm’s accounts irrespective of whether or not the accounts of the firm’s external bookkeepers would have clarified the position.
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Duty of Care on a Bus Driver. A bus driver had not been negligent in hitting a pedestrian at a staggered pedestrian crossing where the traffic signals were in favour of the bus; the pedestrian had stepped out having failed to check for oncoming vehicles whilst labouring under the mistaken apprehension that the bus lane was governed by the same crossing as the ordinary traffic carriageway. The bus could have been travelling at no more than 10mph, which was well within the speed limit for the bus ...
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