Living wills protect the most vulnerable

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The QOCS regime and ‘mixed’ police claims

By Anthony Searle The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages […]

This was probably suicide: criminal standard of proof no longer required

By Bridget Dolan QC and Debra Powell QC In a roller-coaster judgment the High Court has revolutionised the approach to the conclusion of suicide in the coroner’s courts and has determined that whether the deceased died as a result of suicide is to be determined on the civil standard of proof – on the balance […]

No duty of care owed by employer to employees in civil litigation

In James-Bowen & Ors v Commissioner of Police of the Metropolis [2018] UKSC 40, the Supreme Court has held that the Commissioner owed no duty to protect the economic and reputational interests of officers whose alleged misconduct formed the subject of a civil claim, which the Commissioner had settled…

The Court of Protection endorses use of the Mental Capacity Act

By Michael Mylonas QC The requirement for written consent in schedule 3 of the Human Fertilisation and Embryology Act has caused difficulties in some notable cases. Last week saw another challenge in which Mrs P needed the consent of her husband who had suffered an irreversible brain injury. She turned to the Mental Capacity Act 2005…

Material contribution in acute hypoxic ischaemia

By John de Bono QC There is no doubt that since the decision in Bailey v MoD the claimant’s task in proving causation has become significantly easier because she no longer needs to prove that her condition is worse than it would have been ‘but for’ the defendant’s breach of duty. There are cases where […]

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SmartLaw 2.0 – The new future of law

By Brett Chalmers A few years ago, George Beaton published an influential e-book, NewLaw New Rules: A Conversation About the Future of the Legal Services Industry, that pulled together comments and responses he received from numerous legal thought leaders and experts about his NewLaw-focused blog post. The publication compared BigLaw, the traditional partnership-and-hourly-rates model, with NewLaw, an […]

Supreme Court supports disqualification under IBC, but protects interest of homebuyers

By Prateek Kumar, Sahil Narang, Raveena Rai The corporate insolvency resolution process (CIRP) against Jaiprakash Infratech Limited (JIL) commenced when the National Company Law Tribunal, Allahabad (NCLT) passed an order dated 09.08.2017 admitting the petition of IDBI Bank Limited under Section 7 of the Insolvency and Bankruptcy Code 2016 (IBC). Home buyers who had invested in […]

Austria – Commercial agent’s trial for trial period compensation

By Andreas Natterer, Sara Khalil Earlier this year, the ECJ ruled that commercial agents are generally entitled to compensation, even if the distribution agreement was terminated during a trial period. The ECJ’s decision (C-645/16) was preceded by the French Cour de Cassation’s request for a preliminary ruling on whether Art. 17 of Directive 86/653/EEC applies if the commercial […]

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Miguel Mendes Pereira at Baltic Competition Conference

Miguel Mendes Pereira, Competition & EU practice partner, participated as guest speaker at the “14th Baltic Competition Conference”, an international event that gathers experts in Competition Law form several  countries. The partner moderated the session “What are business expectations from a stronger competition authority?” on the event’s second day. The Baltic Competition Conference took place […]

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