Cloisters

This Practice Note deals with the nature of a private law claim for breach of statutory duty, whether there can be a private law claim if the public authority fails to exercise a statutory power, breach of statutory duty versus negligence and why it can matter whether the public authority’s act was public or private in nature.

This Practice Note examines the implied duties in relation to trade secrets and confidential information, and how to distinguish between these two categories of information. It considers how to distinguish between these two categories and others which cannot be protected. It examines how express terms can be used to identify and protect confidential information. Express terms protecting trade secrets and confidential information after employment are also examined. The whistleblowing legislation that renders void any contractual provisions that seek to prevent protected disclosures is outlined. Employees’ right to privacy and misuse of private information claims, and defences to breach of confidence claims are discussed. The provisions of Trade Secrets Directive (Directive 2016/943/EU) on the protection of undisclosed knowhow and business information (trade secrets) against their unlawful acquisition, use and disclosure is also outlined. The Trade Secrets (Enforcement etc) Regulations 2018, SI 2018/597, which implement the Directive in the UK, are also considered.

This Practice Note builds on the general principles of cosmetic surgery claims and focuses on breast enlargement, reduction or augmentation claims. It considers commonly encountered issues, the surgical procedure, potential defendants and industry guidance.

This Practice Note is an introduction to cosmetic surgery claims. Practical guidance is provided on some commonly encountered issues including cosmetic surgery advertising, a lack of regulation, failure to review medical records and the failure to manage a patient’s expectations. The Practice Note also considers who the appropriate defendant should be in cosmetic surgery cases and provides a simple guide to valuing quantum.

This Practice Note looks at how employers should deal with employees who are facing criminal charges, imprisonment or regulatory proceedings. It considers the basic principles of fairness and whether the conduct relates to the employment relationship. It also looks at the timing of an investigation. Particular offences such as dishonesty, sexual offences, and drug offences are considered. The effect of driving bans and imprisonment are analysed. Finally the questions of staying employment tribunal proceedings and injunctions to restrain disciplinary proceedings are considered.

This Practice note discusses what a health care associated infection is, sources of infection, specific examples of infections such as MRSA and c.difficile, liability, statutory controls and complaints.

The purpose of this Practice Note is to provide some guidance on identifying the correct defendant in clinical negligence claims, particularly in the context of organisation of the NHS. It covers integrated care boards, NICE, NHSBT, PALS, GMC, BMA, Medical Defence Organisations, and NHS Resolution. It also discusses challenges faced and other issues like third parties paying for treatment and non-delegable duties.

This Practice Note provides guidance on the various aspects of industrial action from an employee’s perspective. It includes the employee’s right to ballot, the circumstances in which an individual employee may be liable and the potential consequences of industrial action.

This Practice Note provides guidance on various aspects of industrial action from an employer’s perspective. It considers what industrial action is and limitations on the right to take industrial action, It lists options potentially available to an employer when faced with industrial action and summarises the difference between protected industrial action, official industrial action and unofficial industrial action. It deals with resolving the underlying dispute through conciliation, making contingency plans to mitigate the impact of industrial action, including, in specific sectors, issuing work notices to ensure that minimum service levels (MSLs) are maintained during a strike, withdrawing pay of workers participating in industrial action, the circumstances under which an employer may apply for injunctive relief and the employer’s right to recover damages. It considers whether an employer is permitted to dismiss employees involved in industrial action, or take action short of dismissal, for which statutory protection against detriment may not apply.

This Practice Note considers the test for an employer’s vicarious liability in tort, which arises from certain legal relationships and in relation to certain acts. It also considers liability in ‘relationships akin to employment’ and the circumstances in which more than one employer may be vicariously liable (dual vicarious liability), eg in respect of a borrowed or seconded employee (secondment). It examines the ‘close connection test’, which establishes the required connection between the relationship and the wrongful act, and reviews relevant cases, including sexual abuse cases. It goes on to set out the position in relation to liability for the acts of independent contractors, the torts of another person’s employees and where liability to third persons regarding contracts (express and ostensible agency) may arise. It also outlines liability for breach of confidence and privacy and breach of data protection obligations, vicarious liability for statutory torts and an employer’s criminal liability for the acts of employees. The practical implications of vicarious liability are also examined. This Practice Note does not deal with liability under the Equality Act 2010.

This Practice Note deals with remoteness and foreseeability, failure to treat/loss of chance, failure to warn, failure to act, subsequent negligence, contributory negligence, foreseeability of harm and the rule that a tortfeasor must take his victim as he finds him.

This is a precedent negligence claim for pressure sore injuries suffered by a patient of a care home.

This is a precedent claim against a care home for psychological injuries suffered by a patient and breach of the Human Rights Act 1998

This Precedent is a sample witness statement on the issue of disability for use in employment tribunal proceedings, known as a disability impact statement. It covers the elements that a claimant will have to establish in order to prove disability for the purposes of section 6 and Schedule 1 of the Equality Act 2010. It provides a framework to outline evidential matters including the identification of the mental or physical impairment, any medical diagnosis, any medication or other treatment, the duration of the impairment, and the substantial and long-term adverse effect the impairment has on day-to-day activities.

This Precedent is a defence to a claim for occupational stress caused by harassment at work for negligence and/or breach of contract and/or breach of statutory duty under the Protection from Harassment Act 1997.

This Precedent is a pro-forma letter to an employee client about judicial assessment in the employment tribunal. It summarises the key points from the Presidential Guidance—Alternative Dispute Resolution (England and Wales) (July 2023) and, in particular, the Protocol on judicial assessment found at Appendix 2. It explains what judicial assessment is, when it takes place, its voluntary or consensual nature, the impartial role of the employment judge in providing an evaluation of the case, including remedy, and the confidential status of any assessment made. It sets out some of the pros and cons of judicial assessment and explains how these may be relevant to the employee’s overall strategy in respect of narrowing the issues in dispute or achieving an early settlement of the claim.

This is a precedent particulars of claim for injuries suffered by a patient of a care home during a fall.

This Precedent is for a claim for occupational stress caused by harassment at work alleging breach of common law duty and/or breach of contract and/or breach of statutory duty under the Protection from Harassment Act 1997.