Amputation/subsequent prosthetic use in cases of chronic regional pain syndrome

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Costs of unwanted child not recoverable for public policy considerations

By Rebecca Livesey In ARB v IVF Hammersmith & Another [2018] Civ 2803, the Court of Appeal considered ARB’s claim for pecuniary losses arising from the birth of his child. By way of background, ARB and his then partner (R) had IVF treatment at the Defendant clinic, leading to embryos being frozen. An embryo was used […]

Can the costs of surrogacy be recovered by a claimant in a clinical negligence claim?

The Court of Appeal yesterday handed down an important decision in the case of XX -v- Whittington Hospital NHS Trust [2018] EWCA Civ 2839 concerning the recoverability of surrogacy costs when a claimant is rendered unable to have children naturally. The Respondent had admitted negligence in failing to detect signs of cancer in smear tests carried out on […]

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

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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 […]

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A borrower can now challenge symbolic possession under the Sarfaesi Act

The Hon’ble Supreme Court (SC), in its recent decision in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. v State of Uttar Pradesh [(Civil Appeal No 10873 of 2018 along with Civil Appeal No 10874 of 2018)] (Appeals) held that a borrower can prefer an application under Section 17 (1) of the Securitization […]

New law on validity of wills in Cayman

By Anthony Partridge, Fraser Allister The Cayman Islands’ Formal Validity of Wills (Persons Dying Abroad) Law, 2018 came into effect on 1 February 2019. The law is important to people who own shares in Cayman Islands companies or have interests in Cayman Islands investment funds for example, and offers far greater flexibility for international clients who wish […]

Brexit worries drain confidence in EU reference procedure

In a legal first, Brexit prevents High Court from clarifying if it has jurisdiction in a human rights claim against the EU. The Kosovo victims of serious human rights abuses from two decades ago bring damages claims against the EU. On 13 February 2019 the High Court in the case of Tomanovic v EU [2019] […]

Litigation funding 2019 – United Arab Emirates

By James Foster, Courtney Rothery We have authored the inaugural UAE chapter in the annual Guide to Litigation Funding published by Law Business Research (part of the “Getting the Deal Through” series). This is the third edition of the global survey of the law and practice of litigation funding. With the third-party funding of litigation and arbitration […]

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