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Related briefings

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 […]

Court of Appeal upholds s.2(1) Suicide Act

It is a criminal offence to assist another person to commit suicide. The Court of Appeal has today rejected a challenge to this offence brought under art 8 of the European Convention on Human Rights. The case raises key constitutional and ethical questions…

Costs against coroners: Paying for a cab rank rule

In the closing chapter of a case that has attracted wide media comment, the Divisional Court has now considered whether costs should be awarded against the North London Coroner, whose ‘cab rank’ policy for addressing the administration of deaths in her area, challenged by religious groups who considered that it amounted to indirect discrimination, was […]

Proper procedures in shotgun appeals

The Divisional Court in R (Mason) v (1) Winchester Crown Court (2) Chief Constable of Hampshire has set out proper procedures to follow in appeals heard in the Crown Court concerning the refusal or revocation of firearm and shotgun certificates. This brings some structure to what has sometimes appeared to be the Wild West of shotgun […]

Latest Briefings

India: The age of telephony has arrived

On 19 June 2018, the Department of Telecommunications, Government of India (DoT) finally provided its nod to several key recommendations (Recommendations) made by the Telecom Regulatory Authority of India (TRAI) on the Regulatory Framework for Internet Telephony in October 2017. DoT has released a clarification (Clarification) and certain amendments to existing licenses (Amendment), both of […]

Claims management companies: The new regulatory regime

Walker Morris Banking Litigation partners Louise Power and Rob Aberdein explain the new regulatory regime and the Financial Conduct Authority’s proposals for changes to the regulation of claims management companies across England, Wales and Scotland…

Adjudication Matters – July 2018

The Courts have re-affirmed that, despite a contract containing an express right of set-off, it is only in exceptional circumstances that a party will be entitled to set-off another claim against an Adjudicator’s award. This case serves as a helpful reminder that a right to set-off is unlikely to apply to an Adjudicator’s decision. The […]

Two EU regulations on UCITS/AIFMD asset segregation requirements for depositaries upon delegation

On 12 July 2018, the European Commission adopted two delegated regulations supplementing the Alternative Investment Fund Managers Directive (AIFMD) and the Undertaking for Collective Investment in Transferable Securities Directive (UCITS) on the safekeeping of assets by depositaries and their delegates. Their main purpose is to eliminate discrepancies among different national regulations. The following aspects will […]

Sleeping time is not working time says Court of Appeal

By Siobhan Fitzgerald The social care sector is breathing a sigh of relief after the Court of Appeal in Royal Mencap Society v Tomlinson-Blake reversed previous cases and decided that only time spent awake and working should be counted as working time for the purposes of calculating the national minimum wage.

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Sarah Clarke QC prosecutes “Fake Forex Trader”

Sarah Clarke QC prosecutes in groundbreaking FCA case in which “Fake Forex Trader” Alex Hope was convicted and sentenced for Perverting the Course of Justice relating to breaches of his Restraint and Confiscation Order.  Sarah has already successfully prosecuted the same defendant for his original multimillion pound Ponzi fraud.  The case has received widespread media […]

East & Concord helps Beijing Gas win AIIB’s first project financing in China

On March 19, Beijing Gas Group Co Ltd together with Asian Infrastructure Investment Bank (AIIB) and China Clean Development Mechanism Fund (CDMFUND) held a signing ceremony at the headquarters of AIIB in Beijing to launch cooperation in promoting Beijing Gas’s consumption of clean energy and in the transformation and upgrading of energy structure in Beijing […]

Walder Wyss advises on Medartis listing on SIX Swiss Exchange

Medartis Holding Ltd successfully listed its shares on the SIX Swiss Exchange. The proceeds from the IPO will be used for the expansion of international sales, for the development of the product portfolio and for acquisitions and other investments. The offer price was CHF 48 per share, implying a market capitalization of CHF 563 million. […]

Ogier advises Sandpiper Group on Liberty Wharf acquisition

Ogier acted as legal advisers to the Sandpiper Group, a long-standing client of the firm, on the acquisition of the Liberty Wharf retail complex, described by Sandpiper’s CEO Tony O’Neill as “the potential jewel in St Helier’s retail crown”, which completed yesterday. The Ogier team led by partner Jonathan Hughes and Managing Associate Katharine Marshall […]

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