The implications of Maughan: the Chief Coroner’s Law Sheet #6

The new Chief Coroner, HHJ Teague QC, has just published his first legal guidance in the form of “Law Sheet 6” addressing the impact of the case of R (on the application of Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 on coronial practice.

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Probably unlawful killing: a new inquest conclusion

There is perhaps no better example of the judicial development of our common law than Maughan. A case which began with a family member appealing against what they believed was the incorrect application of the civil standard of proof to a suicide conclusion has ended with the Supreme Court determining that not only was the […]

A higher test of necessity for arrest?

By Cecily White In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in […]

The perils of fast-tracked documentary inquests

By Rachael Gourley With such a huge backlog of inquest cases waiting to be heard and the difficulties of convening inside a courtroom during the current pandemic, the appeal of holding a swifter, documentary only inquest is plain to see. However, the recent case of Rushbrooke is a timely reminder to coroners that they will run […]

Latest Briefings

Reciprocal enforcement of judgments in Guernsey

Volatile markets and economic downturns typically lead to increases in commercial litigation. Onshore proceedings can commonly involve offshore structures and we anticipate a growth in cases requiring the recognition and enforcement of foreign judgments.

Climate Finance – Where do asset managers fit in?

The initial focus following the signing of the Paris Agreement was on the commitments made by governments from around the world to take action to combat climate change. The term climate finance was equated with the financial resources committed by governments for investment in the transition to a climate neutral global economy.

Uber v Aslam: a win for workers

On 19 February 2021, the Supreme Court ruled in favour of workers in the Uber v Aslam case, marking the end of Uber’s landmark employment battle. The decision means that Uber drivers must now be treated as workers rather than as self-employed, entitling them to the employment rights that come alongside that.

British Virgin Islands – Regulatory Update

On 11 February 2021, the British Virgin Islands Financial Services Commission published the Financial Services (Prudential and Statistical Returns) (Amendment) Order 2021.

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