Duty to warn meaning

In this issue: Horizon scanning Worker status and categories Immigration Pay Remuneration Taxation Diversity and the gender pay gap Maternity, parents and carers Whistleblowing Data protection and staff information Confidentiality, obligations and restrictions: enforcement Financial services and banking: employment matters Bribery, modern slavery, tax evasion and fraud Issues arising on termination Employment Tribunals Civil courts and alternative dispute resolution Dates for your diary Trackers Employment resources on Lexis+® LexTalk® Employment: a Lexis®Nexis community Daily and weekly news alerts Horizon scanning Updated Employment Rights Bill to be considered by the House of Lords The updated Employment Rights Bill (ERB), transmitted from the House of Commons to the House of Lords, was issued on 14 March 2025. Its second reading in the House of Lords is scheduled for 27 March 2025...

PI & Clinical Negligence weekly highlights—23 January 2025 In this issue: Public authorities and the state Costs and funding LexTalk®PI & Clinical Negligence: a Lexis®Nexis community LexisNexis® Webinars Daily and weekly news alerts Useful information Public authorities and the state The police owe no general duty to shield individuals from criminal harm, and foreseeability on its own does not create such a duty. Chief Constable of Northamptonshire Police v Woodcock; HD (by their respective litigation friends) v Chief Constable of Wiltshire Police [2025] EWCA Civ 13 comprised two appeals in the Court of Appeal (Civil Division). Each claim examined whether the police could be liable in damages for not preventing injury inflicted by a third party offender. The appeals were heard together. The Court of Appeal rejected the claims of CJ and others alleging a breach of Article 3 of the European Convention on Human Rights and negligence. The police appeal in Ms Woodcock’s case succeeded. There...

Original news Ms Y (CAS-87387-G9Y9)—4 April 2025 Summary The Deputy Pensions Ombudsman has partly upheld a complaint relating to a pension sharing order. There was no obligation on the Scheme to alert the parties to a statutory time limit for implementing a pension sharing order. Nevertheless, the Scheme’s failure to recognise that the divorce was subject to Scots law—which differs from English law in divorce cases—constituted maladministration, and the complainant was awarded compensation for significant distress and inconvenience. This decision highlights the need for pension schemes to have appropriate procedures for any Scottish members. What were the facts? Ms Y’s spouse (Mr Z) was a member of the Friends Provident Pension Scheme (the Scheme). Ms Y and Mr Z divorced and their divorce was governed by Scots law. Under Scots pensions legislation...

Remoteness and foreseeability An injury arising out of clinical negligence does not, by itself, ensure a claimant will be granted damages by the court. A tort gives rise to damages only where each constituent is established: duty of care breach of that duty causation, i.e. the breach caused loss injury Remoteness of loss and foreseeability are elusive notions that pervade every stage identified above. They are the judicial instruments through which common sense and policy are applied. Failure to treat/loss of chance Where, but for the clinical negligence, the claimant had a prospect of recovering from illness or injury without adverse consequences, or held a strong chance of a cure, how do the courts handle causation and what damages are awarded? These issues concern causation intertwined with remoteness. In Hotson v East Berkshire Area Health Authority, a 13-year-old fell from a tree, fracturing his left femoral epiphysis. At hospital his condition was not diagnosed for five days and...

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z D&B See Design and build beneath. DBO See Design, build and operate beneath. Date for completion/completion date Means the date stated therein in the building contract (typically within the contract particulars/contract data) by which the contractor must finish the works—ie the point by which practical completion is to be achieved (see Practice Note: What is practical completion?). This completion date may change over the course of the project, for instance where the contractor receives an extension of time. Should the works not be completed by the completion date, the contractor is liable to the employer for liquidated damages (where the contract so provides) or, failing that, general damages for delay in completion (arising from breach of contract thereunder). Date for possession The date set out in the building contract on which the employer gives...

This Practice Note explores the duty on contractors and consultants delivering services under construction agreements to apply reasonable skill and care in practice. It reviews the implied obligation under section 13 of the Supply of Goods and Services Act 1982 (SGSA 1982) and considers express provisions requiring either ‘reasonable skill and care’ or ‘all reasonable skill and care’ to be achieved. It further assesses what difference the term ‘diligence’ makes when appended to the standard of care, when consultants or contractors face strict liability, and issues concerning fitness for purpose as applicable. It also points to other relevant material on the standards expected of contractors and consultants, including design responsibilities in particular, and fitness for purpose obligations in detail. Supply of Goods and Services Act 1982 SGSA 1982, s 13 provides that, in a relevant contract for the supply of a service where the supplier acts in the course of business, an implied term arises that the supplier will perform the service with reasonable care and skill (see...