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

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Costs of unwanted child not recoverable for public policy considerations

By Rebecca Livesey In ARB v IVF Hammersmith & Another [2018] Civ 2803, the Court of Appeal considered ARB’s claim for pecuniary losses arising from the birth of his child. By way of background, ARB and his then partner (R) had IVF treatment at the Defendant clinic, leading to embryos being frozen. An embryo was used […]

Can the costs of surrogacy be recovered by a claimant in a clinical negligence claim?

The Court of Appeal yesterday handed down an important decision in the case of XX -v- Whittington Hospital NHS Trust [2018] EWCA Civ 2839 concerning the recoverability of surrogacy costs when a claimant is rendered unable to have children naturally. The Respondent had admitted negligence in failing to detect signs of cancer in smear tests carried out on […]

Benefits and perils of permanent health schemes in employment contracts

In the recent case of Awan v. ICTS UK Ltd [2018] 11WLUK 385 (Simler J, President) the EAT confirmed and strengthened previous decisions (Aspden v. Webbs Poultry [1996] IRLR 251, Briscoe v. Lubrizol Ltd[2002] IRLR 607, amongst others) To the effect that a term will be implied into contracts of employment that “once the employee has become entitled to […]

Experts’ Agendas: A warning from the bench

“it certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do […]

Breach of duty and causation in VTE claims: An insight

By Neil Thompson Venous thromboembolism (VTE) What is it? Formation of a blood clot (a thrombus) in a vein Most commonly in the deep veins of the legs or pelvis deep vein thrombosis (DVT) Common and potentially preventable Accounts for thousands of deaths annually in NHS Fatal pulmonary embolism (PE) a common cause of in-hospital […]

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All aboard the bond wagon: SEBI board meeting decisions

The Securities and Exchange Board of India (SEBI) in its meeting held on 18 August 2018, besides reviewing the total expense ratio of the mutual fund schemes and agreeing to introduce united payment interface with ASBA facility for public issues, has also paved the way for further stimulating the bond market by removing the requirement […]

Brexit: What happens next?

By Trudy Feaster-Gee, Sue Harris Now that the House of Commons has overwhelmingly rejected the government’s Brexit deal, we take a look at what happens next and what it means for businesses. On Tuesday 15 January 2019, the House of Commons voted overwhelmingly to reject the Brexit deal negotiated between the government and the European Union. A […]

Implying ‘Braganza’ duties into mortgage contracts

By Christina Gill A recent High Court case has shed some light on the extent to which the courts may imply additional duties into mortgage agreements requiring lenders to make decisions by way of processes that would be “lawful and rational in the public law sense”. Banking Litigation specialist Christina Gill explains UBS AG v Rose Capital […]

The International Comparative Legal Guide to: Private Client 2019

By Philippe Pulfer, Olivier Sigg Welcome to the 2019 edition of The International Comparative Legal Guide to Private Client which I am delighted to introduce this year. The Guide covers a comprehensive and diverse range of articles that would pique the interest of any domestic or international practice client adviser. The publication is designed to provide readers […]

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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

Third-party litigation funders who bankrolled the $1.6bn claim brought by Clifford Chance client Excalibur Ventures are gearing up to bring a professional negligence claim against the firm, following defeat in the High Court last year. Withers partner Christopher Coffin is understood to be representing the Lemos family, one of the claim’s funders, in the professional […]

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