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Related briefings

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 […]

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 […]

Latest Briefings

Congo: Revision of mining code

By Olivier Bustin and Pierrick Ferrero Following the actions by the Ivory Coast in 2014, as well as Burkina Faso, Cameroon and Senegal in 2016, who adopted a new mining code, the DRC has recently revised its mining code enacted in 2002…

A new duty of care for financial services firms?

The Financial Conduct Authority (FCA) is considering a new consumer protection duty of care for financial services firms.  Walker Morris Banking and Finance Litigation partners Louise Power and Rob Aberdein explain.

GDPR compliance in the Benelux: let the controls begin

The Dutch Data protection authority (Autoriteit persoonsgegevens –“AP”) recently informed the public that they were assessing the GDPR compliance level of large companies in the Netherlands. In doing so, the authority took advantage of its new powers under article 30.4 of the EU General Data Protection Regulation…

EC puts business on Brexit amber alert

By Bernadine Adkins Yesterday, the European Commission released a Communication entitled ‘Preparing for the withdrawal of the United Kingdom from the European Union on 30 March 2019′[1]. It outlines the steps that business should take to prepare for the UK leaving the EU. The Communication’s message is clear: “On 30 March 2019, the United Kingdom […]

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Freshfields rules the PE space, but for how long?

Which firm has the best performing private equity practice in the City? It is the ultimate mark of virility for US firms, with Latham & Watkins and Kirkland & Ellis both standing out as having stellar practices. But despite the power of the dollar and propensity for US funds, virtually every PE head in London singles out Freshfields Bruckhaus Deringer for leading the way in the field.

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