Gordon, Emily;
(2023)
Professional Negligence in 2022: The Year in Review.
Journal of Professional Negligence
, 39
(1)
pp. 5-23.
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Abstract
It is the view of this author, and perhaps also some readers of the journal, that 2022 was a year that held hope of brighter times and, in many ways, failed to deliver. While restrictive rules introduced during the Covid-19 crisis were gradually lifted for much of the world, allowing increased freedom and long-awaited reunions for many, the consequences of the devastating global event that was the pandemic are still being felt and uncovered. In addition, this year was rocked by war, economic and political upheaval, and natural disasters linked to the climate crisis. Any sense of certainty, or predictability even in the short term, has taken knock after knock. Wariness and weariness abound. This article concerns some interesting cases and issues arising in 2022 from the field of torts, and therefore relevant to professional liability. It is the privilege of the writer of such a review to cherry-pick material for consideration; the following discussion is selective rather than comprehensive. This review considers developments in vicarious liability, the duty to confer a benefit, pure psychiatric injury and the defence of illegality. Acknowledging the selective lens applied, it appears also to have been a year marked by wariness and caution in the courts. This is no doubt in part because the cases considered here are principally Court of Appeal or lower court cases; unlike the preceding four years, the Supreme Court has been quiet on the tort front in 2022. Decisions on important appeals have not yet been handed down.1 Nevertheless, some significant judgments were delivered in which the courts have proceeded with notable caution, with a firm eye to precedent, and shown great concern for recent warnings by the Supreme Court against excessive expansion.
| Type: | Article |
|---|---|
| Title: | Professional Negligence in 2022: The Year in Review |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.bloomsburyprofessional.com/uk/journals... |
| Language: | English |
| Additional information: | This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery-pp.ucl.ac.uk/id/eprint/10166735 |
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