Adam Farrer from No5 Chambers acts for HSE in care-home company prosecution

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Benefits and perils of permanent health schemes in employment contracts

In the recent case of Awan v. ICTS UK Ltd [2018] 11WLUK 385 (Simler J, President) the EAT confirmed and strengthened previous decisions (Aspden v. Webbs Poultry [1996] IRLR 251, Briscoe v. Lubrizol Ltd[2002] IRLR 607, amongst others) To the effect that a term will be implied into contracts of employment that “once the employee has become entitled to […]

Experts’ Agendas: A warning from the bench

“it certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do […]

Breach of duty and causation in VTE claims: An insight

By Neil Thompson Venous thromboembolism (VTE) What is it? Formation of a blood clot (a thrombus) in a vein Most commonly in the deep veins of the legs or pelvis deep vein thrombosis (DVT) Common and potentially preventable Accounts for thousands of deaths annually in NHS Fatal pulmonary embolism (PE) a common cause of in-hospital […]

Costs budgeting appeal withheld

An appeal over the process of Costs Budgeting has been upheld bringing into question the practice of ‘parking off’ hourly rates to detailed assessment. Paul Joseph, counsel at No5 Barristers’ Chambers, has highlighted the case of Derrick Offei Agyemang Yirenkyi v Ministry of Defence (2018). The claimant appealed against a master’s decision on cost budgeting. […]

Application of QOCS to defendants counterclaiming in personal injury

By Rebecca Livesey In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders […]

Latest Briefings

The implementing Act PSD II adopted by the Dutch Senate

On 4 December 2018, the implementing Act PSD II (Implementatiewet herziene richtlijn betaaldiensten) was adopted by the Dutch Senate (Eerste Kamer) without further debate. The date of entry into force is not yet available. A Decree to further implement PSD  II (Implementatiebesluit herziene richtlijn betaaldiensten) shall also follow.

Bermuda allows cannabis investment funds

By Elizabeth Denman Bermuda’s authorities have given the go-ahead for investment vehicles interested in taking advantage of the legal cannabis sector. Elizabeth Denman of Conyers Dill & Pearman explains why this offshore jurisdiction is the clear choice for setting up ventures investing in cannabis-related enterprises. Investment in cannabis businesses, either directly or through an investment fund, […]

New strategy for providing free access to government data

By Jürg Schneider, Christophe Gösken On 30 November 2018 the Federal Council adopted a new open government data strategy for providing the public with free access to government data. From 2020 onwards, all government data will gradually be made available for free and in a computer-friendly format. Replacing a previous version, the new strategy is mandatory for the […]

TMT Annual Report: Evolutionary Tale

Fernando Resina da Silva and Magda Cocco, VdA partners, contributed for the TMT Annual Report for the article “Evolutionary tale” about digital challenges. Regardless of the industry sector companies operate in, new business models will be needed to be developed. This may be a great opportunity for lawyers. Technology is revolutionising the economy and it […]

Oil and Gas Law Review: Sixth edition

By Olivier Bustin, Luiza Savchenko The Democratic Republic of the Congo (DRC) is the most populous French-speaking country in Africa and a very attractive prospect for investors owing to the richness of its natural resources, such as cobalt, copper, cassiterite, gold, manganese, diamond and petroleum In numerous official and unofficial speeches, it has been emphasised […]

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What you need to know about doing business in the Arab world

The Middle East and North Africa (MENA) region is home to some of the richest countries on the planet – and some of the most politically risky. Its natural resources and potential for development makes it enormously attractive to businesses and their legal advisers, but doing business there is not always easy. In The Lawyer’s […]

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Cuatrecasas pledges to hit 25 per cent diversity target by 2020

Cuatrecasas Gonçalves Pereira has signed two agreements with the Spanish government pledging to achieve 25 per cent female presence on its board by 2020 and 33 per cent by 2024, and increase female leadership within the firm. The agreements with the Spanish Ministry of Health, Social Services and Equality also involve other Spanish companies who […]

Linklaters looks to break lockstep in US push

British eyes have focused on the US for many years but it looks like recently, that focus has sharpened. Magic circle firms in particular appear to be shifting away from lockstep as the need for a revamped US strategy, and a corresponding greater flexibility in remuneration, moves higher up the agenda. See Linklaters, which has […]

DLA Piper achieves perfect score on 2015 Corporate Equality Index

DLA Piper has earned a perfect score for the seventh consecutive year on the Human Rights Campaign’s (HRC’s) 2015 Corporate Equality Index (CEI). The perfect score distinguishes the firm as a ‘Best Place to Work for LGBT Equality’. The 2015 CEI assessed the policies and practices of 971 large US employers relating to lesbian, gay, […]

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