Related briefings

Swift v Carpenter – Breaking accommodation claims down

For those of you on Twitter, our timelines have been filling with practitioners tweeting about the long awaited hearing of Swift v Carpenter, which ran from 23 – 25 June 2020 in the Court of Appeal, and the implications it will have on the accommodation head of loss in serious injury claims. However, for those who have only joined the PI practitioner world in the last few years, there is an awful lot to catch up on. The article below attempts to explain the background, simplify some of the new proposals and look at how accommodation claims may look in the near future.

Costs and the expert in private children cases

Dewinder Birk of No5’s Family Group has set out two cases dealing with two different aspects of experts’ costs in private children cases, but both of which highlight the robustness of the higher courts in exercising discretion in relation to costs when dealing with such matters.

Patient confidentiality – to breach or not to breach? (Extended version)

Confidentiality is crucial to the relationship of trust and confidence between patients and their doctors. Huntington’s disease is a hereditary condition. Children of a sufferer have a 50% chance of developing the condition usually as an adult. It leads to severe physical and cognitive impairment. It is life shortening and in its later stages full-time care is required. If a father is suspected of suffering this condition, should his daughter be told even if her father has not consented? ABC v St George’s Healthcare NHS Trust looked at patient confidentiality in just such a situation.

The client Earth/Drax case – planning podcast

Hugh Richards takes listeners through the case of ‘Drax’ – a case with a mix of Net Zero, a DCO and a late letter to the Secretary of State and the facts, and discusses the issues and the practical points arising.

One size fits all in the field of children law?

The recent judgment of the Court of Appeal in Re LC (A Child) (Placement Order) [2020] EWCA Civ 787 should serve as a reminder to practitioners in the field of Children Law that each case has to be considered on its peculiar facts and by reference, where applicable, to the welfare checklist in section 1 of the Children Act 1989 or the enhanced welfare checklist contained in section 1 of the Adoption and Children Act 2002.

Latest Briefings

The accountant and Al Capone

The story of how forensic accounting brought down one of America’s most famous Gangsters Al Capone famously said that “you can get more with a kind word and a gun than with a kind word alone”. But when it came to catching him, all it took was diligent and skilled forensic accounting, explains Tristan Yelland.

Investigations: new forensic accounting podcast

This Investigations podcast series looks at the complex role of the forensic accounting investigator. Grant Thornton speaks to prominent investigators who have grappled with a variety of situations to understand the key lessons they’ve learned, what propelled them to be where they are today and the advice they’d pass on to their younger selves.

Duty to report under Article 74 FinIA – planning tool for FINMA or (maybe) more?

FinIA has consolidated the authorisation regime for all financial institutions (except for banks which remain to be regulated under the Banking Act) and has extended this regime to independent asset managers and trustees. Even though the new law provides for a smooth transitional period enabling financial institutions to cope with the new regulation, asset managers and trustees now falling under the new regime are or have been required to file a report with the Swiss regulator FINMA. This article outlines the duty to report and its consequences.

Reducing UK emissions: 2020 progress report to Parliament

The Committee on Climate Change’s 2020 report to Parliament calls on the government to redouble its efforts and expands on its May 2020 advice to the Prime Minister in which it set out the principles for building a resilient recovery. The report highlights five clear investment priorities.

Recommended

The Lawyer Awards trophy

Who was on the shortlist for The Lawyer Awards 2019?

The full shortlist for The Lawyer Awards 2019, in association with Travelers, has been released, celebrating the best of private practice, in-house and the Bar.   This year, over 60 judges from across the industry debated entries from law firms, companies and barristers chambers. Our judging panel includes BT general counsel Sabine Chalmers, Rosenblatt CEO Nicola […]

outdoor

Kirkland leads on latest CVA for outdoor clothing retailer

Kirkland & Ellis has won a first time restructuring mandate for PAI portfolio company Outdoor & Cycle Concepts, which owns stores such as Cotswold Outdoor, Runners Need and Cycle Surgery. Creditors of Outdoor & Cycle Concepts today approved the terms of a company voluntary arrangement (CVA) at it became the latest high street retailer to […]

#MeToo in law: Are we just hypocrites?

The #MeToo movement has left no sector unaffected. From entertainment to hospitality, finance to media, allegations of workplace impropriety have swept the globe. Jobs were lost, careers ended and a clear message sent: the culture of impunity for misconduct can continue no longer. Sexual harassment is inappropriate in any field. But it is particularly repugnant […]

Recruit legal talent

Get your role in front of over 300,000 legal professionals when you advertise with The Lawyer. Our team of experts provide bespoke solutions to help solve all your recruitment challenges.

Find out more