Habitats Directive case highlights screening question

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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] […]

An introduction to cardiotocography in relation to birth injury cases

By Mamta Gupta Cardiotocography traces form a central piece of documentary evidence in litigation related to adverse perinatal outcomes, which are alleged to have arisen due to events that took place during the labour and/or delivery of the baby. Cardiotocography is, therefore, an important element to get to grips with for any practitioner when working on […]

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Amendments to the Hungarian Data Protection Act

By Dorottya Gindl The Hungarian Parliament has recently adopted legislation with the aim of harmonising the national data protection rules with the rules of the GDPR, and supplementing the national rules in areas not regulated by the GDPR. The Parliament adopted Act XXXVIII of 2018 (“Amendment“) in an extraordinary session and the new regulations entered […]

Changes to Entrepreneurs’ Relief: What do you need to know?

By Mark Braude A significant and welcome change to the Entrepreneurs’ Relief (ER) rules was announced in the Finance Bill 2019 last month. It is aimed at shareholders who would otherwise lose their entitlement to ER as a result of being diluted below the 5% required shareholding…

FCA publishes evaluation of Guaranteed Asset Protection intervention

By Alanna Tregear The Financial Conduct Authority (the FCA) said, as part of its 2018/2019 Business Plan, it wished to investigate the effectiveness and impact of its interventions into certain markets and industries. The FCA intends to conduct three pilot evaluations, the first being an evaluation of the FCA’s September 2015 intervention into GAP insurance. […]

Asset management and investment funds update

On 30 July 2018, ESMA published its final report following its peer review of the compliance and supervisory framework of six national competent authorities (NCAs) with aspects of the UCITS framework for Efficient Portfolio Management (EPM). The review covered the NCAs for Ireland, the UK, Luxembourg, Germany, France and Estonia and was limited to assessment […]

Employers: Capability procedures explained

By Michael Briggs This month, in our Breaking Down the Handbook series, we look at capability policies and why they are a useful tool for employers to have when it comes to dealing with poor performance…

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