No5 Chambers successful in s288 challenge in Planning Court

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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 […]

Costs budgeting appeal withheld

An appeal over the process of Costs Budgeting has been upheld bringing into question the practice of ‘parking off’ hourly rates to detailed assessment. Paul Joseph, counsel at No5 Barristers’ Chambers, has highlighted the case of Derrick Offei Agyemang Yirenkyi v Ministry of Defence (2018). The claimant appealed against a master’s decision on cost budgeting. […]

Application of QOCS to defendants counterclaiming in personal injury

By Rebecca Livesey In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders […]

Latest Briefings

Fund finance market: How can lenders protect themselves?

By Alistair Russell, Richard Munden, Ardil Salem Although the fund finance market has historically been, and continues to be, a particularly low-risk one for lenders, recent events have led some to consider a rather rare and unlikely scenario: what if a fund simply releases or waives the commitments of its investors without lender consent? A credit agreement will […]

Five key employment cases: 2018

By Antonia Blackwell As we enter the festive period and the start of a new year, we take a look back on some of the most notable cases of 2018. Employer’s liability A managing director’s assault on an employee was held to be “in the course of employment” by the Court of Appeal, and therefore […]

Fraudsters are entitled to make use of the law of adverse possession

By Nick Shepherd, Lucy Shepherd The Court of Appeal has held that the law of adverse possession can be used to obtain ownership of a property even if the possession came about due to previous fraudulent activity. Background The case of Rashid v Nasrullah involved two people named Mohammed Rashid, whom the court for convenience termed MR1 […]

Ontario postpones retail cannabis licence applications at the eleventh hour

By Lewis Retik, William Bjornsson At 7:30 p.m. on the evening of December 13, effectively one business day before the application portal for Ontario retail cannabis licences was scheduled to open, the Ontario government announced that it will postpone its acceptance of cannabis retail licence applications. The move was announced as a response to continued […]

Brexit and the protection of geographical indications for food and drink

By Ravi Randhawa In this article we review the potentially complex and disruptive implications of both a ‘deal’ and ‘no deal’ Brexit for UK and EU producers of GI-protected products given the current huge economic benefit (and cultural value) for the UK with over £5 billion gained in annual exports of GI-protected products. INTRODUCTION TO GEOGRAPHICAL […]

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Ogier acts on Pacific Special-Borqs merger

Ogier has acted as both British Virgin Islands and Cayman counsel to Pacific Special Acquisition Corp. (Pacific) on its  merger with Borqs International Holding Company (Borqs), a major player in the Internet-of-Things and smart devices sector. Ogier partner Michael Killourhy advised Pacific on BVI matters while Ogier Cayman partner Bradley Kruger and managing associate Mark […]

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