Articles

Special education barrister Emma Waldron shares her top 10 takeaways from the long-awaited Special Educational Needs and Disabilities and Alternative Provision Improvement Plan which the Government published on 2 March 2023.

Michelle Marnham analyses the case of Barry v Ministry of Defence [2023] EWHC 49 (KB) in which Judge Johnson handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.

On 2nd February 2023 The Civil Procedure Amendment Rules 2023 were laid before Parliament with the stated intention that they should come into force on 6th April 2023, amending the Civil Procedure Rules 1998 from that date.

Henrietta Hughes looks at the changes being introduced.

Ellena James looks at the case of Andrew Carr v Brands Transport Limited [2022] EWHC 3167 (KB). This judgment serves as a detailed and comprehensive review of personal injury claims in an employment context, including contributory negligence and the circumstances in which a sole director will be considered an employee in such cases.

Michelle Marnham considers the case CNZ v Royal United Bath Hospitals NHS Foundation Trust. A must-read case for those practising in clinical negligence and especially for those practising in birth injury cases. The case also provides useful guidance on material contribution and apportionment.

Oliver Hirsch considers the case of Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, in which the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).

Charles Fulton summarises and comments on Rabot v Hassam and Briggs v Laditan [2023] EWCA Civ 19. These cases, which were appeals from the County Court to the Court of Appeal, dealt with the construction of section 3 of the Civil Liability Act 2018 (“the Act”).

3PB's Aaron Mayers explores the potential impacts of introducing AI technology (such as ChatGPT) into the contract drafting process.

3PB experienced education law specialist Katherine Anderson summarises the recent case JJ & EE v Buckinghamshire Council which concerned the Tribunal's approach to costs. This was an appeal to the Upper Tribunal arising out of parents' unsuccessful application to the First-tier Tribunal for a costs order against the local authority in a special education needs case.

3PB experienced education law specialist Katherine Anderson summarises the case Re a Teacher (Rule 14 Order) which concerns the Upper Tribunal's power to protect the confidentiality of certain proceedings.

Jennifer Agyekum provides a case summary and comment of a recent A2P1 case R (on the Application of SB and ZB) v London Borough of Croydon and NHS South West London ICB [2023] EWHC 489 (Admin). The claim was one of a number of proceedings attempting to secure adequate housing, education and social care provision brought by the Claimants.

Jim Hirschmann considers the remedies available where a local authority is not able to provide a suitable type of school due to a shortage of such schools.

There is a nationwide shortage of specialist schools for children and young people with special educational needs.