No5 barrister to speak at British Institute of International and Comparative Law event

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Bellman v Northampton Recruitment Limited – vicarious liability revisited

The Court of Appeal has allowed the Claimant’s appeal in Clive Bellman (A Protected Party By His Litigation Friend Nick Bellman) v Northampton Recruitment Limited (2018) EWCA Civ 2214, in a decision that involves a redrawing of the limits of vicarious liability for the violent conduct of an employee. The facts of the case are […]

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By Anthony Korn This briefing sums up the Supreme Court’s much publicised ruling in Lee v Ashers Baking Company Ltd where a bakery chain based in Northern Ireland did not directly discriminate ‘on grounds of sexual orientation’ when it refused to supply a wedding cake with slogan ‘support gay marriage’ on it. Nor did it […]

Improving the Planning Appeal Inquries Process- Roswell Review

By Christopher Young 1. This Review asks how can planning inquiries be improved to “significantly reduce the time taken to conclude planning inquiries, while maintaining the quality of decisions..?” 2. This Review expressly invites evidence from “those who are, or have recently been involved in the inquiry process. We want to draw on people’s first hand […]

Guidance on drafting agendas for experts’ joint meetings

By Dr Simon Fox The recent decision by Mrs Justice Yip in Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB has given some useful further guidance on drafting agendas for experts’ joint meetings. Welsh v Walsall was a bariatric surgery case in which the Claimant claimed negligence in the surgery and post operative […]

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New Act on the Control of Investments Detrimental to the Interests of Hungarian National Security

The Hungarian Government recently adopted Act no. LVII of 2018 on the Control of Investments Detrimental to the Interests of Hungarian National Security (the “Act”). Previously we wrote about a similar legislative proposal which aimed at establishing a similar control mechanism. However, the Act has a more sophisticated approach on the control and approval procedure […]

Health and safety at work in Romania: What companies need to know

Failure to take or observe the mandatory measures for health and safety at work may entail, among other types of liability (e.g. civil, administrative), potential criminal liability for employers. The Romanian Criminal Code (the “RCC”) provides for two offences which sanction such failure: i) failure to take the mandatory measures for health and safety at […]

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By Daniel Hayek and Laura Oegerli Statutory framework and substantive law Swiss restructuring and insolvency proceedings are mainly governed by the Swiss Debt Enforcement and Bankruptcy Law (DEBA), which entered into force in 1892. A number of other laws and ordinances further regulate special aspects of restructuring and insolvency proceedings, such as specific provisions according to […]

Czech Republic: Office for the Protection of Competition gets tougher

In April 2018 the Office for the Protection of Competition adopted new guidelines on the method of setting fines for competition law infringements,(1) noting that the need for a revision of the previous guidelines had emerged in the wake of developing case law, as well as amendments to the Act on the Protection of Competition. The […]

FOS expansion to SMEs – near-final rules published

By Paul Gair The Financial Conduct Authority yesterday released its policy statement on SME access to the Financial Ombudsman Service (FOS), setting out its near-final rules for amending the compulsory jurisdiction to include new definitions for “small businesses” and “guarantors”. At the same time, it has released a new consultation paper detailing proposals for increasing […]

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Irwin Mitchell appoints head of pensions from DWF

Irwin Mitchell has appointed DWF’s pensions head Martin Jenkins to lead its national pensions practice from London. Jenkins will joins Irwin Mitchell’s existing pensions partner Nigel Bolton who is based in the firm’s Leeds office. His appointment is part of the firm’s continuing drive to build up its business legal services (BLS) division and adds […]

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Clifford Chance braces itself for professional negligence claim from Excalibur funders

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