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News

Debra Powell QC and James Berry represent core participant in Child Sexual Abuse inquiry

Debra Powell QC and James Berry represented the National Police Chiefs’ Council at the first hearings in the Internet and Child Sexual Abuse strand of the Independent Inquiry into Child Sexual Abuse. The Inquiry, chaired by Professor Alexis Jay, is comprised of thirteen investigative strands. The Internet and Child Sexual Abuse strand is inquiring into institutional responses to […]

Angus Moon QC and Aaron Rathmell win costs award for Chief Constable of Northumbria Police

Angus Moon QC and Aaron Rathmell acted for the Chief Constable in successfully persuading the Employment Tribunal to make a very unusual costs award of £15,000 against the Claimant in this long running employment litigation. The order was made against the Claimant on 15th January long-running basis that she never had a reasonable prospect of succeeding in her […]

Adam Creme, Unison

Creme, Adam – Unison

Adam Creme, head of Unison Legal Services, is a tenacious man. In 2017 he led his team to victory on one of the most important employment cases in recent years. R (on the application of Unison) v Lord Chancellor will change the face of employment tribunals after the Supreme Court ruled that the level of […]

Analysis

Featured briefings

Extortion, blackmail, and kidnap for ransom

In this market insight, originally written for CampdenFB, Schillings’ extortion, blackmail and kidnap for ransom specialists, John Chase and Brittany Damora, set out the scope of the threat and what steps family offices and family businesses need to take when faced with this type of critical risk scenario…

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…

Short shrift for party litigant in Scotland

The Court of Session in Scotland has followed the example of the Supreme Court, giving short shrift to a party litigant (or, ‘litigant in person’ in England and Wales) in his legal proceedings against his bank. Walker Morris’ Banking & Finance Litigation partner Rob Aberdein explains.

Court of Appeal: Catja Thum v Oliver Thum

The Court of Appeal today dismissed Oliver Thum’s appeal and ruled that his wife Catja Thum’s divorce and related financial claims should proceed in the English court and not, as Dr Thum had argued, in Berlin. Giving judgment for the Court of Appeal Lord Justice Moylan said…

The BVI extends visa exemption to PRC nationals

By Robert J.D. Briant and Christopher W.H. Bickley The British Virgin Islands (“BVI”) Government has enacted a measure which exempts nationals of the People’s Republic of China from the need to apply for a visa to visit the BVI for up to six months for business or tourism purposes. The Order dated 5 July 2018 […]

Inheritance tax:­ time to think again?

In 1726, Daniel Defoe published a satirical portrayal of the devil’s achievements up to that time. In encouraging the notion that he had a cloven foot, Satan had become so successful in the popular imagination that there was nothing: “not the Man in the Moon, not the Groaning­Board, not the speaking of Fryar Bacon’s Brazen […]

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 […]

‘Bolam is dead, long live Bolam’

By Dr Simon Fox QC As a doctor transferring from medicine to law 25 years ago, I was struck by the illogicality of the Bolam test, in that it seemed to me that it couldn’t logically be applied to many circumstances of medical negligence…

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…

Supreme Court rules in favour of civil partnerships for all

By Sarah Green This week, judgment was handed down by the Supreme Court of England and Wales in the case of Rebecca Steinfeld and Charles Keidan, who have campaigned to be able to enter into a civil partnership, historically only available for same-sex couples. The couple wished to be able to have legal recognition of […]

UK: discrimination against married transgender person accessing State pension

The European Court of Justice (ECJ) gave judgment on 26 June 2018 in the case of MB (Appellant) v Secretary of State for Work and Pensions (Respondent) (C-451/16) concerning a condition of UK law that required a married transgender person to annul his/her marriage in order to be legally recognised as his/her acquired gender and […]

Fathers and the workplace: The difficulties continue

By Michael Briggs In March 2018, the Women and Equalities Committee presented its Fathers and the Workplace report to the House of Commons. Within this report, it was made very clear that government action was needed to reform workplace policies in an attempt to support fathers to better balance their parental responsibilities with work and […]

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