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Case Studies

NHS

Negligence of ambulance service

Ambulance service fails to attend patient who dies in hospital with family claiming negligence. Service declines referral to CFJ. Through CFJ meeting and expression of regret or apology in suitable terms would have resolved issue at a cost to NHS of less than £2000.

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Local Authority - Employment

Council employee A raises concerns over harassment and bullying. Council fails to follow procedures or deal with issues. A had worked for council for 26 years and had no wish to make any claim. A takes sick leave and asks for referral to CFJ. Referral would result in agreed transfer to other duties/other employment and a goodwill payment of no more than £5,000. A would have remained in work and in good health. Cost of a CFJ referral less than £2,000.

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Local Authority - Business Tenancy

Council lets nursery into occupation of property. Situation confused. Parties dispute terms and tenure. Tenant claims new tenancy. Council opposes application and claims two years arrears. CFJ referral results in mediated settlement, renewal for short term, tenancy arrangements are put in order and arrears agreed and paid. Cost to council is £1,250.

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Local Authority - Noise Nuisance

Right to buy tenant complains of noise nuisance from adjoining flat due either to disrepair (council’s responsibility) or design failure (not council’s responsibility).

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Local Authority - Negligence in Statutory Function

Council sued for failure to carry out marriage formalities resulting in cancellation of marriage. After assessor gives his preliminary view, compensation agreed within two months of referral to CFJ at 25% of claim. Cost of referral £1,250.

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Housing - Contract – procurement- negligence - architect - housing association

An architect, AB & Co, was commissioned by a Housing Association to design two blocks of flats. Practical completion was certified for the two blocks in March and June 2002 respectively. There were immediate noise complaints from tenants. An expert report for Block 1, obtained in June 2005, confirmed that the cause was inadequate design and sound insulation of the internal walls. A report for the second block was obtained in December 2005 with similar findings. In November 2008, the Housing Association brought proceedings, alleging a failure in the design of the building and non-compliance with Building Regulations. It claimed £127,000 and £192,000 for remedial works to the respective blocks. The architect argued the proceedings were out of time under the Limitation Act 1980.

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