Archives

Enduring Powers of Attorney – Why it is so important for an Attorney to keep records and document all decisions.

An application was made to the Court of Protection for retrospective approval of gifts and payments for voluntary care by the attorney under an enduring Power of Attorney. The incapacitated person at the time of the application was 95 years old and suffering from advanced dementia and was living in a residential home. The applicant…

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NHS Breast Cancer Screening Error

In May 2018, Jeremy Hunt admitted that 450,000 women across the UK were not invited to final breast screenings between 2009 and 2018. Mr Hunt confirmed that a technical issue had occurred which dated back to 2009 and was only noticed in 2018. Only women between the ages of 68 and 71 were reported to…

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Self-Employed or Worker? – Supreme Court Lays Down the Law

Self-employed or worker? There can hardly be a more burning issue in Employment Law and, in upholding a Plumber’s claim that he fell into the latter category, the Supreme court has impose vital restraints on the so called  ‘gig economy’. The man was one of a bank of plumbers that provided their services to a…

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Shop Manager Wrongly Accused of Theft wins £20,000 Compensation

Employers who do not have robust procedures in place for investigating incidents of alleged staff misconduct frequently pay a heavy price. That was certainly so in one case in which a shop manager who was sacked after being unjustifiably accused of theft won more than £20,000 in compensation. The woman was alleged to have taken…

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The 2018 FIFA World Cup – Are you Ready?

The 2018 Fédération Internationale de Football Association (FIFA) World Cup commences on Thursday 14th June with a match between Russia and Saudi Arabia that kicks off at 4:00pm UK time in the Luzhniki Stadium in Moscow. Employers who have not already done so should ensure they have policies in place to deal with any issues that…

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Mental Health Awareness Week – Acas Guidance for Employers

This week is Mental Health Awareness Week (14-20 May), and this year the Mental Health Foundation is focusing on stress. Whilst not a mental health problem in itself, stress can lead to depression, anxiety and other mental health problems. According to the Foundation, one in four people will experience a mental health problem at some…

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Costs of Care and Longer Lives Justify Big Clinical Negligence Awards

Awards of compensation in some of the most serious clinical negligence cases can appear very large to the uninitiated. However, as one High Court case showed multi-million-pound pay outs are readily explained by the galloping costs of professional care and ever increasing life expectancies. The case concerned a nine-year-old girl who developed severe jaundice soon…

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Compensation for Injury to Feelings Is Tax Free, Rules Court of Appeal

Those who suffer unlawful discrimination in the workplace are entitled to be compensated for injury to their feelings and, following an important Court of Appeal decision, such awards will henceforth be tax free. The case concerned a company director, aged in his mid-50s, who claimed that he had been selected for redundancy due to his…

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Sensible Cohabitees Always See a Lawyer before Buying Property Together

Despite any number of cautionary tales appearing in the press and elsewhere, many unmarried cohabitees unwisely persist in buying properties together without taking legal advice. In one case, a woman found out the hard way how difficult it can be to prove your rights if your name is not on the title deeds. The woman…

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Lack of Informed Consent Leaves NHS Trust Liable for Paralysis

When an operation goes seriously wrong and a personal injury claim is made, the issue of ‘informed consent’ can be critical. Whenever an operation is performed, consent must be given, because all surgery does carry some clinical risk. Clearly, such consent must be given on an informed basis: weighing up the risks and potential benefits…

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