Disability related error of judgment amounts to discrimination arising from disability

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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

Taxation of a Shareholder’s Income In the Acquisition of a Limited Liability Company’s Own Business Share

This article aims to provide answers to a “hot topic” legal issue, often raised by shareholders, regarding the legal grounds for taxation of a natural person’s income derived from selling his business share to his limited liability company (where the company acquires its own business share) in the Republic of Slovenia. This article aims to […]

Significant beneficial owner: SEBI makes listed companies comply

On 7 December 2018, the Securities and Exchange Board of India (SEBI) issued circular No SEBI/HO/CFD/CMD1/CIR/P/2018/0000000149 (Circular) to modify Circular No. CIR/CFD/CMD/13/2015 dated 30 November 2015 (Format for Disclosure of Holding of Specified Securities and Shareholding Pattern) issued under Regulation 31 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations 2015. Pursuant to the modification, […]

New amendments to CIRP regulations – Relief for bidders and dissenting financial creditors

The Insolvency and Bankruptcy Board of India (IBBI) amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CIRP Regulations) for the fourth time in 2018 on 5 October 2018 through the IBBI (Insolvency Resolution Process for Corporate Persons) (Fourth Amendment) Regulations, 2018 (Amendment Regulations). The Amendment Regulations have come into force on 5 […]

Risks for liability insurers and their insureds: #MeToo

By Susie Wakefield, Antonia Blackwell One year on from #MeToo, Bloomberg estimates at least 425 prominent people across industries had been publicly accused of sexual misconduct. These headlines have brought the issue of how employers tackle sexual harassment in the workplace into the spotlight. In addition to dealing with any allegations of sexual harassment, organisations will […]

Zero-hours contracts – Common pitfalls for employers

By Jo Tunnicliff “Zero-hours contracts can be a positive part of work-life balance if they offer genuine two-way flexibility,” says Matthew Taylor, the government’s lead reviewer of modern working practices. As our previous article set out, the Taylor Review made recommendations designed to improve the working conditions of individuals working in the gig economy, including zero-hours […]

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Drinks giant Pernod Ricard names new general counsel

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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