Angus Moon QC and Cecily White defeat claims against an NHS Trust

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Blog: Application for an inquest into Alfie Evans’ death is without merit

By Bridget Dolan QC R (Allman) v HM Senior Coroner for Liverpool and Wirral The short and desperately tragic life of Alfie Evans, and his parents’ heart-rending fight to have him transferred to Rome for continuation of his life sustaining treatment, has recently been fully played out in the public arena. The public hearings in the […]

The QOCS regime and ‘mixed’ police claims

By Anthony Searle The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages […]

This was probably suicide: criminal standard of proof no longer required

By Bridget Dolan QC and Debra Powell QC In a roller-coaster judgment the High Court has revolutionised the approach to the conclusion of suicide in the coroner’s courts and has determined that whether the deceased died as a result of suicide is to be determined on the civil standard of proof – on the balance […]

No duty of care owed by employer to employees in civil litigation

In James-Bowen & Ors v Commissioner of Police of the Metropolis [2018] UKSC 40, the Supreme Court has held that the Commissioner owed no duty to protect the economic and reputational interests of officers whose alleged misconduct formed the subject of a civil claim, which the Commissioner had settled…

The Court of Protection endorses use of the Mental Capacity Act

By Michael Mylonas QC The requirement for written consent in schedule 3 of the Human Fertilisation and Embryology Act has caused difficulties in some notable cases. Last week saw another challenge in which Mrs P needed the consent of her husband who had suffered an irreversible brain injury. She turned to the Mental Capacity Act 2005…

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Walker Morris team explores opportunities in new entry-level exception sites and starters homes

By Richard Sagar, Karl Anders, Graham Whiteford, Josh Kitson Introduction This briefing note, prepared by the Walker Morris Planning Environment Team, explores the opportunities presented in the new National Planning Policy Framework (“NPPF2“). Specifically, the opportunities to obtain planning permission for new entry-level exception sites consisting of affordable housing for first-time buyers on previously unallocated […]

FCA published near-final rules amending the jurisdiction for SMEs and guarantors

By Paul Gair The FCA yesterday released its policy statement (PS18/21) on SME access to the Financial Ombudsman Service (FOS), setting out its near-final rules for amending the compulsory jurisdiction to include new definitions for “small businesses” and “guarantors”. At the same time, it has released a new consultation paper (CP18/31) detailing proposals for increasing […]

Walker Morris litigation specialists reviews regulator’s proposals for dealing with push payment fraud

By Louise Power, Rachel Elgar Banking & Finance Litigation specialists Louise Power and Rachel Elgar report on the Payment Systems Regulator’s (PSR) recent proposals for dealing with push payment fraud. What is push payment fraud? Payments are described as ‘push payments’ when the payer obtains the payee’s account details and instructs their bank to send (or push) […]

Impact of 2019 budget proposals on Dutch’s buyout sector

The Dutch government published important tax measures in its 2019 budget proposals with a potentially significant impact on the Dutch buyout sector. Some of these measures may result in a higher effective tax burden if appropriate action is not taken…

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