Abolishing the SFO is a terrible idea

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Scope of duty in clinical negligence cases – CoA MNX v Khan judgment

By Bridget Dolan When is a doctor responsible for losses suffered after they have given bad advice?  According to the Court of Appeal, if the loss is “coincidental”, it’s not recoverable. On 23rd November 2018 the Court of Appeal handed down judgment in the case of MNX v Khan [2018]  in which it considered the extent to which the […]

Blog – Childbirth and primary victim claims for mothers

By John de Bono This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v. Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant […]

Disentangling the scope of an inquest

By Nageena Khalique QC Coroner for the Birmingham Inquests (1974) v. Hambleton & Ors. [2018] EWCA Civ 2081 (judgment here). On the evening of 21 November 1974 two successive explosions tore through two busy city centre pubs in the heart of Birmingham. The bombings, thought to be perpetrated by the IRA, resulted in the largest […]

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Fund finance market: How can lenders protect themselves?

By Alistair Russell, Richard Munden, Ardil Salem Although the fund finance market has historically been, and continues to be, a particularly low-risk one for lenders, recent events have led some to consider a rather rare and unlikely scenario: what if a fund simply releases or waives the commitments of its investors without lender consent? A credit agreement will […]

Five key employment cases: 2018

By Antonia Blackwell As we enter the festive period and the start of a new year, we take a look back on some of the most notable cases of 2018. Employer’s liability A managing director’s assault on an employee was held to be “in the course of employment” by the Court of Appeal, and therefore […]

Fraudsters are entitled to make use of the law of adverse possession

By Nick Shepherd, Lucy Shepherd The Court of Appeal has held that the law of adverse possession can be used to obtain ownership of a property even if the possession came about due to previous fraudulent activity. Background The case of Rashid v Nasrullah involved two people named Mohammed Rashid, whom the court for convenience termed MR1 […]

Ontario postpones retail cannabis licence applications at the eleventh hour

By Lewis Retik, William Bjornsson At 7:30 p.m. on the evening of December 13, effectively one business day before the application portal for Ontario retail cannabis licences was scheduled to open, the Ontario government announced that it will postpone its acceptance of cannabis retail licence applications. The move was announced as a response to continued […]

Brexit and the protection of geographical indications for food and drink

By Ravi Randhawa In this article we review the potentially complex and disruptive implications of both a ‘deal’ and ‘no deal’ Brexit for UK and EU producers of GI-protected products given the current huge economic benefit (and cultural value) for the UK with over £5 billion gained in annual exports of GI-protected products. INTRODUCTION TO GEOGRAPHICAL […]

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