Abuse and social care newsletter - August 2019
This edition looks at CN & GN v Poole Borough Council, Kuoni, faith abuse cases, limitation in child abuse negligence claims, applications to strike out, and Human Rights Act experts.
Welcome to our quarterly social care newsletter.
In this edition we look at:
CN & GN v Poole Borough Council in the Supreme Court - your questions answered
Kuoni referred to the CJEU by Supreme Court for clarification
The Supreme Court has concluded, in its interim judgment, that a referral to the Court of Justice of the European Union is required first.
Current trends in faith abuse cases
With the recent report that the Church of England found a 50% rise in abuse claims and concerns, it is worth looking at current trends in this arena.
Limitation in child abuse negligence claims
In the context of abuse claims, limitation has come into criticism as, for a range of reasons, victims of abuse may not be in a position to pursue a claim until some years after the events to which they relate.
Social care negligence claims – is there ever a time when an application to strike out is appropriate?
Now that the Supreme Court has delivered its judgment in CN & GN, many claimants’ solicitors are beginning to reawaken their files; seeking disclosure from local authorities so that they can investigate and potentially issue claims.
Human Rights Act experts: are they necessary in Human Rights Act claims?
Claims alleging that harm has been suffered within a family environment, or as a result of failing to protect individuals from their own risk taking behaviour leading to child sexual exploitation, present novel challenges.
CQC and health & care regulatory update - June 2019
Contact
Sarah Erwin-Jones
Partner
Sarah.Erwin-Jones@brownejacobson.com
+44 (0)115 976 6136
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