‘Bolam is dead, long live Bolam’

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Related briefings

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

“it certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do […]

Breach of duty and causation in VTE claims: An insight

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 […]

Latest Briefings

Estate duty being re-introduced in India – An update

Presently, India does not have an estate duty. The Estate Duty Act, 1953 which sought to impose an estate duty in India on property passing on demise was repealed in the year 1985. Is the estate duty a relic of the past? Rumours are rife that an estate duty will soon be reintroduced in India. […]

Market trends in offshore relocations to the Channel Islands for HNWs and businesses

Leading a team of specialists in both HNW and business relocations across BVI, Cayman, Guernsey, Jersey and Luxembourg, Ogier partner Jonathan Hughes has a unique perspective on trends and factors driving relocations to the Channel Islands. As substance regulations make new demands on economically active HNWIs, the Channel Islands’ offering of a London-equivalent professional services […]

EUR 50 million fine for GDPR in France. What about CEE?

On 21 January 2019, the French data protection authority — the Commission nationale de l’informatique et des libertés (“CNIL”) — issued a General Data Protection Regulation (“GDPR”) fine of EUR 50 million against Google LLC. (“Google”). The CNIL launched its investigation of Google on 1 June 2018 based on two complaints filed by data subjects. […]

Macedonia: Stricter rules for awarding new exploitation concessions

After a long, complex and nation-wide discussion, on 9 January 2019, the Macedonian Parliament introduced stricter rules for obtaining exploitation concessions. Effective immediately, the novelties from the Minerals Law target potentially new mines, and they came as a result of the broad interest shown during the last couple of years concerning the environmental effects of the mining […]

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Maravela Asociații’s competition practice on the rise

With an increasing workload and Client portfolio on the rise, Maravela|Asociații’s competition department sustained a considerable development throughout the past five years, driven by the passion and specialization of the entire team. Established and developed by Founding Partner Alina Popescu, the firm’s competition practice has a team of 7 lawyers, with practical experience in all […]

Mining

Ashurst advises on £800m take-private offer for Vedanta

Ashurst is advising on the possible buyout of Vedanta Resources, after Indian businessman Anil Agarwal indicated his intention to purchase the remaining shares in the company for nearly £800m. The firm is working with Volcan Investments, the vehicle through which Agarwal currently owns a majority stake in Vedanta. He has made an offer to take on the […]

Gianni Origoni joins rivals in Shanghai

Italian heavyweight Gianni Origoni Grippo Cappelli & Partners is launching an office in Shanghai in its first international expansion for four years. The Shanghai office is Gianni Origoni’s eleventh office globally, and its second in Asia. It launched in Hong Kong in 2014 and signed a formal alliance agreement with Chinese firm Han Kun Law […]

Luxembourg

Ashurst bets on Europe with Luxembourg launch

Ashurst has been given the go-ahead to open in Luxembourg after receiving approval from the local bar association. The new office, focusing on finance and funds, will open in October this year, with corporate partner Isabelle Lentz at the helm. Lentz is currently the head of Ashurst’s Luxembourg desk in London, which was set up […]

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