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Negligence – Duty to take care. The claimant had suffered burns when his uncle, who had unknowingly been suffering with florid paranoid schizophrenia, had set fire to himself. He sought damages in negligence under his uncle's household insurance policy. The judge found that his uncle's actions had not been voluntary, therefore he had not owed a duty of care. The Court of Appeal, Civil Division, allowed the claimant's appeal. It held that the actions of a defendant, who was merely impaired by medical problems, whether physical or mental, could not escape liability if he caused injury by failing to exercise reasonable care unless his condition entirely eliminated his responsibility.
Negligence – Duty to take care. The claimant had suffered burns when his uncle, who had unknowingly been suffering with florid paranoid schizophrenia, had set fire to himself. He sought damages in negligence under his uncle's household insurance policy. The judge found that his uncle's actions had not been voluntary, therefore he had not owed a duty of care. The Court of Appeal, Civil Division, allowed the claimant's appeal. It held that the actions of a defendant, who was merely impaired by medical problems, whether physical or mental, could not escape liability if he caused injury by failing to exercise reasonable care unless his condition entirely eliminated his responsibility.
The Bar Council faces both opportunities and challenges on our key areas this year
Exclusive Q&A with Henry Dannell
Casey Randall of AlphaBiolabs discusses the benefits of Non-invasive Prenatal Paternity testing for the timely resolution of family disputes
By Louise Crush of Westgate Wealth Management
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Rachel Davenport, Co-founder and Director at AlphaBiolabs, discusses the role that drug, alcohol and DNA testing can play in non-court dispute resolution (NCDR)
Sir Nicholas Mostyn, former High Court judge, on starting a hit podcast with fellow ‘Parkies’ after the shock of his diagnosis
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What's it like being a legal trainee at the Crown Prosecution Service? Amy describes what drew her to the role, the skills required and a typical day in the life
Barbara Mills KC wants to raise the profile of the family Bar. She also wants to improve wellbeing and enhance equality, diversity and inclusion in the profession. She talks to Joshua Rozenberg KC (hon) about her plans for the year ahead
The winning essay is ‘A fiction of defendant participation: Single Justice Procedure offences should be moved to the civil jurisdiction’ by Hal McNulty