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.
|
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 ...
|
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.
|
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 ...
|
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.
|
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 ...
|
The Financial Ombudsman does not have the power to make a direction that would require a firm to make a payment that exceeds the statutory cap. If the cost of compliance with a direction is unknown at the time when the direction is made it is subject to an implicit limitation that it will not be enforceable beyond the statutory cap once reached. An order by the Ombudsman for a loss assessment and redress in accordance with regulatory guidance is not an order for the payment of money particularly ...
|
The court allowed a maternal grandmother's appeal against an order, made without an oral hearing or notice to her, granting the paternal grandmother leave to apply for a contact order.
|
This was the first prosecution under s.5 Domestic Violence, Crime and Victims Act 2004.
|
The appellant trustees in bankruptcy appealed against a decision of the registrar not to suspend the running of the bankruptcy period pursuant to the Insolvency Act 1986 s.279(3) for the respondent bankrupt. Held that the one-year period of bankruptcy imposed by s.279(1) of the Act was suspended where there remains substantial failures by the bankrupt to comply with his obligations to provide full details of his financial affairs under Part IX of the Act.
|
| 1 |