The Court of Appeal have recently held that, when considering cases where dogs have injured a person, they have to be satisfied that a reasonable person in the dog owner’s position would think that the injury caused by the dog was likely to follow from what he does or what he does not do. In the case of Whippey v. Jones, CA, 8/4/09 the dog handler was not liable because it was not unreasonable to unleash the dog when he did. It is not enough that the injury was a possibility, it has to be likely to happen.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
Monday, 29 June 2009
Friday, 19 June 2009
Taking photographs - Privacy
In January 2009 the European Court of Human Rights (EctHR) delivered judgment in the case of Reklos & Davourlis v Greece (App. No. 1234/05).
The facts are a bit thin but involve parents of a baby boy who was taken to a special care baby unit after he was born. Unknown to the parents the hospital allowed a photographer to take pictures of the baby. The photographs were later presented to the parents who were upset that the hospital had allowed the photographer access to their baby inside the unit. The clinic refused to hand over the negatives.
The Court found that taking photographs on this occasion violated the baby's right to respect for his private life.
The Court noted that the negatives belonged to the photographer, that the parents were refused the negatives and that the images might be exploited, contrary to the wishes of the baby or its parents.
This ruling suggests that consent of the subject to the mere taking of the photograph is crucial, not least because it presupposes a discussion as to the future use/exploitation of the image and by whom.
Adults can also object to their photograph being taken by others.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
The facts are a bit thin but involve parents of a baby boy who was taken to a special care baby unit after he was born. Unknown to the parents the hospital allowed a photographer to take pictures of the baby. The photographs were later presented to the parents who were upset that the hospital had allowed the photographer access to their baby inside the unit. The clinic refused to hand over the negatives.
The Court found that taking photographs on this occasion violated the baby's right to respect for his private life.
The Court noted that the negatives belonged to the photographer, that the parents were refused the negatives and that the images might be exploited, contrary to the wishes of the baby or its parents.
This ruling suggests that consent of the subject to the mere taking of the photograph is crucial, not least because it presupposes a discussion as to the future use/exploitation of the image and by whom.
Adults can also object to their photograph being taken by others.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
What happens if..
I become unable to manage my finances because of old age or ill health?
If you become unable to manage your finances because of mental ill-health – whether through increasing age and forgetfulness or as a result of accident – someone will need to step in to take over to administer your property and affairs.
While you still have mental capacity, you can choose who you wish to do this on your behalf by creating a Lasting Power of Attorney. This is a document under which you authorise one or more people you have selected to manage your property and affairs. It can come into operation straight away or it can be operative only at some future time when you have become unable to manage your finances.
You can impose conditions on your chosen attorney – for example, a condition that they may not sell your house or limiting the assets they may deal with. Subject to those conditions an attorney can do most things which you could do yourself. However they may not change your will without a court order.
A Lasting Power of Attorney has to be registered with the Court before it can be used. It is expected that it will be registered as soon as it is signed, so that in the event of you becoming incapable in the future, the attorney will be able to step in immediately to manage your finances for you.
There are safeguards in that notice of the registration has to be given to others- again, nominated by you- and once registered anyone who is concerned about the way in which the attorney is managing your affairs can notify the Court of Protection which regulates the conduct of attorneys and can intervene if need be.
An attorney has to agree to act and to be bound by the statutory principles which are intended to protect you and to help you to take part, as much as possible , in decisions that affect you.
If you do not have a Lasting Power of Attorney, anyone (usually a member of your family) may apply to the Court of Protection to have themselves, or someone else appointed as a ‘Deputy' who will be authorised by the Court to manage your property and affairs, under the supervision of the Court.
The Deputy will be able to do only what is authorised by the Court and may need to apply to the Court for guidance or further authority, for example if your property needs to be sold to fund care fees.
Like an attorney under a Lasting Power of Attorney , a Deputy is required to adhere to the statutory principles mentioned above.
Contact Gillian Scott on 020 8300 9321 or gscott@wmk-law.com alternatively Contact Us
If you become unable to manage your finances because of mental ill-health – whether through increasing age and forgetfulness or as a result of accident – someone will need to step in to take over to administer your property and affairs.
While you still have mental capacity, you can choose who you wish to do this on your behalf by creating a Lasting Power of Attorney. This is a document under which you authorise one or more people you have selected to manage your property and affairs. It can come into operation straight away or it can be operative only at some future time when you have become unable to manage your finances.
You can impose conditions on your chosen attorney – for example, a condition that they may not sell your house or limiting the assets they may deal with. Subject to those conditions an attorney can do most things which you could do yourself. However they may not change your will without a court order.
A Lasting Power of Attorney has to be registered with the Court before it can be used. It is expected that it will be registered as soon as it is signed, so that in the event of you becoming incapable in the future, the attorney will be able to step in immediately to manage your finances for you.
There are safeguards in that notice of the registration has to be given to others- again, nominated by you- and once registered anyone who is concerned about the way in which the attorney is managing your affairs can notify the Court of Protection which regulates the conduct of attorneys and can intervene if need be.
An attorney has to agree to act and to be bound by the statutory principles which are intended to protect you and to help you to take part, as much as possible , in decisions that affect you.
If you do not have a Lasting Power of Attorney, anyone (usually a member of your family) may apply to the Court of Protection to have themselves, or someone else appointed as a ‘Deputy' who will be authorised by the Court to manage your property and affairs, under the supervision of the Court.
The Deputy will be able to do only what is authorised by the Court and may need to apply to the Court for guidance or further authority, for example if your property needs to be sold to fund care fees.
Like an attorney under a Lasting Power of Attorney , a Deputy is required to adhere to the statutory principles mentioned above.
Contact Gillian Scott on 020 8300 9321 or gscott@wmk-law.com alternatively Contact Us
Thursday, 11 June 2009
Liability for horseplay amongst pupils
The case of Orchard v Lee [2009] EWCA Civ 295 involved a collision between a lunch break supervisor and a 13 year old pupil who was playing tag in the playground with one of his friends. The Court found that if a game was being played in an appropriate play area and in accordance with the rules or accepted norms of the activity then the pupil would not be held negligent.
Therefore, if schools want to reduce risks of similar accidents happening, the onus will be firmly on the school to prevent or prohibit either the activity or alter the lay out of the particular environment to have designated zones or have obstacles to discourage speed. If the school takes these measures they must be regularly enforced.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
Therefore, if schools want to reduce risks of similar accidents happening, the onus will be firmly on the school to prevent or prohibit either the activity or alter the lay out of the particular environment to have designated zones or have obstacles to discourage speed. If the school takes these measures they must be regularly enforced.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
Tuesday, 9 June 2009
First Corporate manslaughter charge
In April 2008 the Corporate Manslaughter Act 2007 came into force.
In September 2008 a Gloucestershire company was the first to be charged with the offence of Corporate Manslaughter in connection with the death of a young geologist on a building site near Stroud in Gloucestershire. The geologist was in a pit taking soil samples when the sides of the pit collapsed crushing the geologist to death.
In addition to the Corporate Manslaughter charge, a director has been charged with manslaughter and the company has been charged with an offence under the Health and Safety at Work Act 1974.
The director will appear at Stroud Magistrates Court on June 17 to face charges both as an individual and on behalf of the company.
If the company is found guilty it will be liable to pay an unlimited fine and the Court could impose a remedial order requiring steps to be taken by the company to address the failures that led to the death of the geologist.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
In September 2008 a Gloucestershire company was the first to be charged with the offence of Corporate Manslaughter in connection with the death of a young geologist on a building site near Stroud in Gloucestershire. The geologist was in a pit taking soil samples when the sides of the pit collapsed crushing the geologist to death.
In addition to the Corporate Manslaughter charge, a director has been charged with manslaughter and the company has been charged with an offence under the Health and Safety at Work Act 1974.
The director will appear at Stroud Magistrates Court on June 17 to face charges both as an individual and on behalf of the company.
If the company is found guilty it will be liable to pay an unlimited fine and the Court could impose a remedial order requiring steps to be taken by the company to address the failures that led to the death of the geologist.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us
Asbestos Claims: New Scheme for Mesothelioma Sufferers.
From 1 st October 2008 people suffering from Diffuse Mesothelioma, an asbestos related illness, may be able to claim for a lump sum payment under a new government scheme entitled 2008 Diffuse Mesothelioma Scheme.
The Scheme aims to benefit those suffering from diffuse mesothelioma which was not contracted as a result of their employment, who are not entitled to claim by any other means and who have not received payments for their illness from any other source, ie: from an employer or from a Ministry of Defence Scheme.
People entitled to make a claim under the Scheme are those who have been:-
The Scheme aims to benefit those suffering from diffuse mesothelioma which was not contracted as a result of their employment, who are not entitled to claim by any other means and who have not received payments for their illness from any other source, ie: from an employer or from a Ministry of Defence Scheme.
People entitled to make a claim under the Scheme are those who have been:-
- Exposed to asbestos via a relative (for example a wife washing her husbands work clothes)
- Exposed to asbestos environmentally (for example by living close to a factory)
- Exposed to asbestos while self employed
- Exposed to asbestos but the exposure cannot be determined, as long as it was in the UK.
A dependant of a relative who has died of the disease can also claim under the Scheme.
The government aims to make 95% of payments within 6 weeks.
For the first 12 months of the Scheme anyone can make a claim no matter what date they were diagnosed. However, after the first year the claim must be brought within 12 months of the date of diagnosis, or 12 months of date of death in the case of dependants.
If you think you may be eligible you should therefore act as soon as possible to make a claim.
Contact Isabel Elliott on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact UsWhat do you need in a Will?
There are the obvious things – who do you want to inherit your money and property - and who do you want to ensure your wishes are carried out.
The people who you want to inherit are called ‘ beneficiaries' and your Executors are the people responsible for carrying out your wishes
So far so straightforward.
But what if you have young children or your beneficiaries are under 18 ? A properly drawn-up will can set up a trust for them, ensuring that your Executors have the power to use your money for the children's benefit; or can pass the money to their parents for them to look after for the children. And it can appoint guardians to look after your own children - responsible for their upbringing at a time when you are not there to do this yourself.
If you have a second marriage, you may need more complicated arrangements to ensure that a new spouse is provided for, but that assets which you may have inherited from an earlier marriage are protected and will ultimately pass to your children from that first marriage. This can be done by setting up a trust in your will.
You can also cater for the possibility of a family catastrophe- who would you want to inherit if tragic circumstances cause the loss of all your beneficiaries? By planning thoughtfully for a disaster which hopefully will never happen you can help your family avoid additional problems at a time when they have many other things to deal with.
Talk to our professional advisers to ensure that everything you need is in your Will.
Contact Gillian Scott on 020 8300 9321 or gscott@wmk-law.com alternatively Contact Us
The people who you want to inherit are called ‘ beneficiaries' and your Executors are the people responsible for carrying out your wishes
So far so straightforward.
But what if you have young children or your beneficiaries are under 18 ? A properly drawn-up will can set up a trust for them, ensuring that your Executors have the power to use your money for the children's benefit; or can pass the money to their parents for them to look after for the children. And it can appoint guardians to look after your own children - responsible for their upbringing at a time when you are not there to do this yourself.
If you have a second marriage, you may need more complicated arrangements to ensure that a new spouse is provided for, but that assets which you may have inherited from an earlier marriage are protected and will ultimately pass to your children from that first marriage. This can be done by setting up a trust in your will.
You can also cater for the possibility of a family catastrophe- who would you want to inherit if tragic circumstances cause the loss of all your beneficiaries? By planning thoughtfully for a disaster which hopefully will never happen you can help your family avoid additional problems at a time when they have many other things to deal with.
Talk to our professional advisers to ensure that everything you need is in your Will.
Contact Gillian Scott on 020 8300 9321 or gscott@wmk-law.com alternatively Contact Us
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