Court of Protection

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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…

Material contribution in acute hypoxic ischaemia

By John de Bono QC There is no doubt that since the decision in Bailey v MoD the claimant’s task in proving causation has become significantly easier because she no longer needs to prove that her condition is worse than it would have been ‘but for’ the defendant’s breach of duty. There are cases where […]

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GDPR risks for retailers

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Serjeants’ Inn Chambers has a long-standing reputation for its members’ special expertise in inquests and inquiries. Barristers from the Serjeants’ Inn Chambers public law, police law, professional and regulatory law, and clinical negligence and healthcare teams regularly provide advice to and represent clients at inquests and inquiries throughout England, Wales and Northern Ireland. Serjeants’ Inn Chambers is known […]

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