Landmark ruling on planning application fees

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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

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 aviation: what India’s new bill means for 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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TLT tops £80m in fee income for 2017/18

TLT has announced a 10% increase in fee income to hit £82m for the financial 2017/18* – the first full financial year since the launch of its new strategy to 2020. Activity levels were up across the firm’s transactional, advisory and disputes services driven by new client wins, panel appointments and increased support for existing […]

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Dentons recruits UKME business head from RBS

Dentons has hired a non-lawyer to lead its UK and Middle East businesses six months after UK boss Brandon Ransley announced plans to retire. The firm has announced that Lisa Sewell, formerly director of shared operations at RBS, will join the firm as managing director. She joined RBS in 2015 from LS Projects, where she […]

Money

Kirkland enters associate pay battle with “one time summer bonus”

Kirkland & Ellis has waded into the battle for US associate pay, joining trendsetter Cravath Swaine & Moore in offering the highest rates to its most senior lawyers. Kirkland is also paying a “one time special summer bonus” this year to US associates and its non-share partners, which is understood to reach up to $25,000. An […]

Oliver Quarmby joins Ogier’s Guernsey funds and private equity team

Oliver Quarmby has joined Ogier’s Guernsey investment funds and private equity team as a managing associate. Oliver is an English Solicitor and a Member of the Chartered Institute for Securities and Investment, who has experience working in-house and at a regulatory consultancy as well as in private practice. He advises clients on equity fundraisings, flotations, […]

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Crisis averted as criminal barristers accept £15m legal aid offer

The Criminal Bar Association (CBA)’s feud with the Ministry of Justice (MoJ) has ended with 51.55 per cent of members voting to accept the £15m offer that was put to them two weeks ago. The offer was accepted through a slim majority voting in favour of the reforms with an 85 per cent turnout from […]

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