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Judgment handed down in Buckley v the Attorney General in which Josh Hitchens appeared

Judgment handed down in Buckley v the Attorney General in which Josh Hitchens appeared

The Supreme Court of St Helena has handed down judgment in the constitutional case of Buckley v the Attorney General in which Josh Hitchens acted for the Plaintiff. Mr Buckley was a remand prisoner detained in HMP Jamestown, a prison which has been repeatedly condemned as inadequate and unsuitable. At the end of trial, the Defendant conceded that the unsafe conditions within the prison violated the Defendant’s positive obligations under the Plaintiff’s Constitutional right to life. In his judgment, the Chief Justice endorsed that concession, and also found that the conditions in the prison breached Mr Buckley’s constitutional rights to be free from inhuman or degrading treatment, to dignity, and his constitutional rights as a remand prisoner. The judge accepted…

News 11 Oct, 2024

The Supreme Court on vicarious liability – where next for sexual abuse claims?

In April, the Supreme Court handed down two important judgments concerning vicarious liability against Barclays Bank and WM Morrison Supermarkets. Joshua Cainer looks at the impact on sexual abuse claims. On 1 April 2020 the Supreme Court handed down two important judgments concerning vicarious liability: Barclays Bank plc v Various Claimants [2020] UKSC 13 and WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. Whilst the impact of these cases will be felt across all claims relying upon vicarious liability, this article considers the potential effects on the particular area of sexual abuse claims. It has been well-established since Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (at para [21]) that vicarious liability requires satisfaction of a…

News 17 Apr, 2020

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