Disability related error of judgment amounts to discrimination arising from disability

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Improving the Planning Appeal Inquries Process- Roswell Review

By Christopher Young 1. This Review asks how can planning inquiries be improved to “significantly reduce the time taken to conclude planning inquiries, while maintaining the quality of decisions..?” 2. This Review expressly invites evidence from “those who are, or have recently been involved in the inquiry process. We want to draw on people’s first hand […]

Guidance on drafting agendas for experts’ joint meetings

By Dr Simon Fox The recent decision by Mrs Justice Yip in Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB has given some useful further guidance on drafting agendas for experts’ joint meetings. Welsh v Walsall was a bariatric surgery case in which the Claimant claimed negligence in the surgery and post operative […]

Successful appeals cancels dismissal

By Russell Bailey In Patel v Folkestone Nursing Home Ltd [2018] EWCA Civ 1689 the Court of Appeal gave clarification on the correct approach to a “fudged” appeal against a dismissal. Was there a dismissal or not?

The Supreme Court ruling on ending life

By Rt Hon Mike O’Brien QC After the Anthony Bland case in 1993, it became the practice to get the courts to decide whether a patient in a persistent vegetative state could be allowed to die. Following a Supreme Court decision on 30 July 2018 in a landmark case called NHS Trust v Y [2018] […]

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SmartLaw 2.0 – The new future of law

By Brett Chalmers A few years ago, George Beaton published an influential e-book, NewLaw New Rules: A Conversation About the Future of the Legal Services Industry, that pulled together comments and responses he received from numerous legal thought leaders and experts about his NewLaw-focused blog post. The publication compared BigLaw, the traditional partnership-and-hourly-rates model, with NewLaw, an […]

Supreme Court supports disqualification under IBC, but protects interest of homebuyers

By Prateek Kumar, Sahil Narang, Raveena Rai The corporate insolvency resolution process (CIRP) against Jaiprakash Infratech Limited (JIL) commenced when the National Company Law Tribunal, Allahabad (NCLT) passed an order dated 09.08.2017 admitting the petition of IDBI Bank Limited under Section 7 of the Insolvency and Bankruptcy Code 2016 (IBC). Home buyers who had invested in […]

Austria – Commercial agent’s trial for trial period compensation

By Andreas Natterer, Sara Khalil Earlier this year, the ECJ ruled that commercial agents are generally entitled to compensation, even if the distribution agreement was terminated during a trial period. The ECJ’s decision (C-645/16) was preceded by the French Cour de Cassation’s request for a preliminary ruling on whether Art. 17 of Directive 86/653/EEC applies if the commercial […]

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Drinks giant Pernod Ricard has brought on board a new general counsel to lead its legal team after the departure of longstanding chief Ian FitzSimons. He will be replaced by Amanda Hamilton-Stanley in September, who has led Chivas Brothers’ in-house team since 2011. Chivas is a brand company that works within the Pernod Ricard network […]

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A&O and Freshfields take the lead on £2bn telecoms buyout

Freshfields Bruckhaus Deringer and Allen & Overy (A&O) have advised telecoms giants Veon and CK Hutchison on the £2.2bn buyout of Italian mobile phone venture Wind Tre. A&O’s global managing partner Andrew Ballheimer, TMT partner Simon Toms and global head of telecoms Tom Levine led the deal for Veon. Global co-head of antitrust Antonio Bavasso and senior associate Ross Ferguson provided […]

Hausfeld heads up BMW’s cartel claim in the High Court

Litigation boutique Hausfeld has filed a class action claim in the High Court for German car manufacturer BMW against two maritime transport companies, which were fined by the European Commission earlier this year for price-fixing. The firm filed the claim on 10 July in what is its third major class-action case, following earlier work against […]

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