In praise of the 1961 Statelessness Convention

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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 […]

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Emergency Legal Kit for Business – personal data protection in Romania

This Law transposes the Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purpose of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework […]

Draft Karnataka Maternity Benefit (Amendment) Rules, 2018

The Maternity Benefit Act, 1961 (MB Act) was amended vide the Maternity Benefit (Amendment) Act, 2017 (2017 Amendment) to grant certain additional benefits to eligible women employees. As part of the 2017 Amendment, the provision of a crèche facility was made effective from 1 July 2017 as a mandatory requirement for every establishment with 50 […]

Insolvency in Indian aviation: India’s new Cape Town convention bill mean for recovery and re-possession of leased aircrafts

Leasing of aircrafts is a prevalent market practice in the aviation industry, and all existing airline operators in India have currently leased a significant number of aircrafts in their fleet. In fact, a sizeable debt in the books of these operators is in connection with such leasehold arrangements. Insolvency proceedings in India, including the aviation […]

Supreme Court confirms commercial tenant’s statutory right to a renewal lease

By David Manda, Ruth Ormrod The Supreme Court has confirmed, in the case of S Franses Ltd v Cavendish Hotel (London) Ltd that a landlord cannot oppose a tenant’s right to renew its tenancy on the grounds of redevelopment or reconstruction if there would be no intention to carry out the proposed works should the tenant vacate voluntarily.  Walker […]

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With over a month to go before the arrival of new director Lisa Osofsky, the Serious Fraud Office has released the remuneration details of her predecessor David Green as part of its annual accounts. The SFO’s accounts show that Green’s pay was frozen at up to £245,000 in his last year in charge, while general counsel […]

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BCLP builds on Crown Estate win with new City development

Bryan Cave Leighton Paisner (BCLP) is advising the Crown Estate on a sprawling mixed-use development in the heart of St James, nine months after it was appointed as the prodigious property company’s sole adviser. Head of non-contentious construction Mark Hanson is leading in the construction of The Marq, a 46,000sq ft development, looming behind Fortnum & […]

Six of Ogier’s Trust Advisory Group experts named in the Private Client Global Elite 2018

Six members of Ogier’s world-leading Trusts Advisory Group have been mentioned in Private Client Global Elite. The group draws together contentious and non-contentious trust practitioners, and was most recently named International Team of the Year 2017/18 by STEP. Those named are: Sally Edwards heads Ogier’s Private Client and Trusts team. Simon Davies heads Ogier’s global […]

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Clifford Chance secures victory over Cleary in landmark Google dispute

Cleary Gottlieb Steen & Hamilton-represented Google has been hit with a record £3.8bn (€4.3bn) fine by the European Union Commission (EC) for breaching EU antitrust rules. This is the second record EC antitrust fine that Google has been hit with in two years, following a £2.1bn (€2.4bn) fine in 2017, both of which were pursued […]

Justice in a Modern Way: seminar on modernisation of court system

The spotlight will fall on the £1bn investment to bring the courts and tribunals system into the 21st Century in a seminar organised by No5, in conjunction with the Administrative Law Bar Association (ALBA). The Right Honourable Sir Ernest Ryder, Senior President of Tribunals and Lord Justice of the Court of Appeal, one of the most […]

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