High Court considers definition of trafficking

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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

FCA opens notifications for temporary permissions regime in case of no-deal Brexit

By François Pfister, Anne-Gaëlle Delabye In order to ensure that investment funds that are currently marketed in the United Kingdom under the European Economic Area (EEA) passporting regime continue to be able to do so in the event of there being no implementation period based on the withdrawal agreement after 29 March (no-deal Brexit), the […]

Changes in the procedure for admission of foreign medical devices and medicines to public procurement in Russia

On 1 January 2019, amendments to the Resolution of the Government of the Russian Federation No. 102 of 05.02.2015 that provides for restrictions and conditions for the admission of certain types of medical devices originating from foreign countries for the purpose of procurement for state and municipal needs (“Resolution No. 102”). And the Resolution of […]

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Extension of Montgomery principles in cancer diagnosis case

Serjeants’ Inn’s Conrad Hallin acted for the successful claimant, a Spanish national, following a failure to inform him of a diagnosis of a rare form of cancer, or to offer him appropriate monitoring.  The case, Gallardo v Imperial College Healthcare NHS Trust (2017), represents an extension of the Montgomery principles in the context of the giving of […]

Tech innovations in offshore law firms

What offshore firms are doing (and not doing) about legal tech

Last month The Lawyer published the first-ever Offshore Litigation Survey, which revealed the cases on which the top firms have been active as well as firms’ bench strengths. As part of the survey we also asked offshore firms about their technology-related innovations and how they project manage their litigation matters. Offshore firms have introduced a number of […]

Vischer acts for ImmunOs on closure of financing round

ImmunOs Therapeutics AG, a Swiss bio-technology company leading development of a next-generation innate and adaptive immunity focused immunotherapy platform for cancer, announced the closing of its 2.3 Million CHF financing round. The proceeds of the financing will be used to advance its lead clinical candidate, a single multitasking protein agent, for treating solid tumors. Vischer […]

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