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

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

Chris Bright QC and Paul Evans of No5 Chambers, instructed by Laura Harper of Thompsons Solicitors Birmingham, recently acted for a Claimant in an unusual and interesting claim in which a claimant suffering from Complex Regional Pain Syndrome (“CRPS”) underwent an elective left above-knee amputation. The decision to do so was challenged by the Defendant but, following a […]

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 […]

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

Update on Bermuda private trust companies

Many offshore jurisdictions saw notable reforms in 2018. This article considers how recent changes to the regulation of financial services in Bermuda have affected private trust companies. These legislative amendments were made primarily to ensure that Bermuda’s legal framework remains up to date with international standards, which are aimed at maintaining the international financial system’s […]

The basics: How to wind up a corporate debtor

A company has outstanding debts and it seems they are struggling financially. What can you do to try and get your debts settled? Is applying to have the company wound up the answer? Here, we take a look at what you will need to consider before a decision is made and we take a look […]

Blowing hot and cold on the jurisdiction of an adjudicator

In the recent case of SKYMIST HOLDINGS LIMITED v GRANDLANE DEVELOPMENTS LIMITED [2018], the Technology and Construction Court (TCC), considered the principle of “approbation and reprobation” in “satellite litigation” over the jurisdiction of adjudicators. But is challenging the jurisdiction of an adjudicator worth the cost involved? We review the key points in the Skymist decision, and the TCC‘s […]

Is legislation pending on bankruptcy, pension plans and lenders?

Public consultations on enhancing retirement security led by the Ministry of Innovation, Science and Economic Development Canada closed in late 2018. Given the importance and complexity of the subject matter, the one-month consultation period offered by the government was curiously short. Given that 2019 is an election year, the quick completion of the process could […]

Apples to Oranges: how investigations differ from a litigation approach when implementing eDiscovery solutions

Competition matters, and investigations more generally, differ greatly in execution from the approach to eDiscovery taken in litigation.  Understanding the potential issues is paramount in developing an eDiscovery model that tackles the regulatory pressures faced by legal teams and their corporate clients. In the first article in this series we compare the different approaches and examine […]

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No5 Barristers’ Chambers helps in conviction of murderer

Counsel at No5 Barristers’ Chambers have secured the murder conviction of a brutal teenager over the stabbing of a grandad in a Kingstanding park. The court heard how Leary Dalton-Byrne repeatedly stabbed Dean Ward earlier this year and later boasted about the killing, telling a friend that he had “done an ‘M’”. The friend recorded him making […]

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Kirkland prepares for leadership handover as firm names next chair

A Chicago corporate partner is to take the reins of Kirkland & Ellis, as the US firm preps for chairman Jeff Hammes’ leadership handover in February 2020. Private equity specialist Jon Ballis will step into the shoes of Hammes in two years time, bringing his 10-year tenure as chairman to an end. Ballis’ practice focuses on leveraged […]

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Sidley Austin stays loyal to Chicago in partner promotions

Sidley Austin has announced its partner promotions for the New Year, making up 30 partners worldwide. While this is a big increase on the 19 partners elected last year, the firm stayed cautious in London, promoting just one. Lyndsey Laverack will become a partner in the M&A and private equity group in London. She has been […]

No5 Barristers’ Chambers defends teenager in murder case

Michael Duck QC, of No5 Barristers’ Chambers, is defending a teenager who denied murdering a taxi controller in Birmingham but has admitted manslaughter. Ibrahim Osman, aged 18, from Mead Crescent, Bordesley Green, admitted killing Saeed Rahat, 37, who died after an incident at Embassy Cars, in Oliver Street, Nechells, on June 2, 2017. Abdiwali Ashkir, 20, from […]

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City heavyweights win lead roles on CVC’s rugby deal

Freshfields Bruckhaus Deringer has won the mandate for private equity house CVC, which today revealed it has made a minority equity investment into Premiership Rugby. This is the latest deal in which the magic circle firm has advised CVC on a sports-related sale or purchase. At the end of 2016, London partner Charlie Hayes worked […]

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