Everyone’s Business Episode 26: Safeguarding and Contractual Issues

In this fourth episode for 2025, 39 Essex Chambers’ Barristers Katherine Apps KC, and Francesca Gardner discuss Safeguarding in the context of contractual issues and disputes.

Katherine explains the various ways and circumstances that contractual issues arise in the safeguarding context, and explores some of the wider and more complex issues for practitioners to be aware of.

The session covers a wide range of topics including: express contractual duties, implied terms, termination, the impact of statutory duties, interim relief, whether a case is suitable for Judicial Review or will instead progress in the Civil Courts, the potential impact of the Crown Proceedings Act 1947 and some of the recent case law. The session also explores the practical lessons to be learned from the case law in these areas.

This is a fascinating session, and a perfect way to conclude this year’s series of podcasts to mark Safeguarding Adults Week 2025.