A new dawn for secondary victim claims? Paul v Royal Wolverhampton NHST

The recent appeal decision in Paul v The Royal Wolverhampton NHS Trust will come as welcome news to claimants and their representatives in secondary victims claims arising out of clinical acts or omissions. In overturning Master Cook’s previous determination, Mr Justice Chamberlain has provided greater clarity in the approach the courts should take in cases of this nature.

Related briefings

Who decides who decides? Withdrawal of care proceedings

Where a local authority determines that the medical evidence falls short of proving that an injury to a child was deliberately inflicted, in what circumstances should it be allowed to withdraw its application? This was the question for the Court of Appeal in the recent case of GC v A Local Authority (A Child) (Withdrawal of care proceedings) [2020] EWCA Civ 848, an appeal from a first instance decision of HHJ Watson sitting at Coventry.

Covid-19 update on remote hearings

The difficulties with court listings and the inability to hold hearings in a normal fashion has now been underway for 6 months. The recent guidance set out in ‘The Road Ahead’ shows there is no likelihood of that changing in the near future. This means there has had to be a reconsideration of what delays are acceptable and what reasons are sufficient to delay final decisions being made for children.

Dear s106 TCPA – Happy 30th Birthday!

Hitting the statute books at the very start of the now seemingly distant nineties (think dissolution of the USSR / Madonna – Vogue / Die Hard 2) s106 of the Town and Country Planning Act 1990 has enjoyed headlines, notoriety, praise and many a bun fight in the intervening three decades. It shares many of these with its predecessor: s52 of the TCPA 1971, before being re-badged in 1990 and given a wider makeover in 1991.

Latest Briefings

Food & Drink Update – September 2020

Guidance on the latest food and drink rules, including post-furlough planning and workforce measures manufacturers, Brexit and the workforce – how to prepare for upcoming changes, protecting innovation in the food & drink industry, and more.

Coronavirus business interruption test case – judgment in the “insurance case of the century”

Flaux LJ and Butcher J today handed down judgment in the test case brought by the FCA to explore whether hundreds of thousands of businesses can recover under their business interruption policies for losses caused by the pandemic, in the “insurance case of the century” – the only claim heard under the Financial List Test Case Scheme. Many of those businesses will, today, be celebrating a fantastic win for them.

Cayman Islands Update: Economic substance guidance notes V3 issued

On 13 July 2020, the Cayman Islands Department for International Tax Cooperation (the “DITC”) issued version 3.0 of the Guidance on Economic Substance for Geographically Mobile Activities (the “Guidance”) pursuant to the ES Law (as defined below). This replaces the previous version 2.0 of the Guidance issued on 30 April 2019.

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Revenues generated by the 50 largest US law firms in the UK rose by 6.1 per cent in 2019, The Lawyer can exclusively reveal. Last year this group added a combined total fee income of $345.8m, taking the total from $5.678bn to turnover of just over $6bn. While impressive, this growth rate is less than […]

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Covington adds financial regulatory partner from rival US firm

Covington & Burling has made its second hire of the year, picking up a financial services regulatory partner from Katten’s London office. John Ahern will join Covington after two years at his previous US firm. The partner has also spent time at Jones Day, DLA Piper, Addleshaw Goddard and Clifford Chance throughout his legal career, […]

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CMS rules out temperature checks in office reopening plans

CMS is holding discussions with its landlords over what safety measures will need to be put in place ahead any return to the office, though will not be asking employees to undergo temperature checks prior to entering.  Temperature tests is a measure that has proved controversial among members of the corporate community due to data […]

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PE firm I Squared Capital brings in Skadden associate as first London GC

Private equity firm I Squared Capital has recruited an associate from Skadden Arps Slate Meagher & Flom as its first London-based associate general counsel. The firm, which specialises in infrastructure investments across sectors such as energy, utilities and telectoms, has hired associate Charlotte Dixon. She previously spent three years at the US firm. Dixon was […]

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