Judicial review of Government response to COVID in care homes: imminent hearing in England & significant developments in Scotland

Last November we reported on Mr Justice Linden’s decision to grant permission for judicial review on all grounds of the UK government’s policies and measures which had a bearing on the protection of care homes during the COVID-19 pandemic. The claim, which relates to patient discharge policy in England, will be heard later this month. In respect of Scotland, recently released information by public health authorities appears to acknowledge some important difficulties there in the early part of last year. This blog explores the key issues in both jurisdictions and sets the scene for the (English) judicial review later this month.

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Further authority on non-delegable duty and vicarious liability – Razumas v Ministry of Justice

Debate on the scope of the frequently-linked issues of non-delegable duty of care and vicarious liability remains extremely active and was recently reconsidered by the High Court in a judgment handed down on 12 February 2018. Continue reading

Combat, claims and the ‘compensation culture’

One of the issues on the new PM’s agenda is, to put it briefly, how to put claims against the UK armed forces on a different footing so as to cut out speculative actions, thereby preventing time and resource being spent on such cases. Taking this sort of action was a clear commitment in the Conservative 2015 Manifesto: “We will ensure our Armed Forces overseas are not subject to persistent human rights claims that undermine their ability to do their job.”

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