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Scope of duty in clinical negligence cases – CoA MNX v Khan judgment

By Bridget Dolan When is a doctor responsible for losses suffered after they have given bad advice?  According to the Court of Appeal, if the loss is “coincidental”, it’s not recoverable. On 23rd November 2018 the Court of Appeal handed down judgment in the case of MNX v Khan [2018]  in which it considered the extent to which the […]

Blog – Childbirth and primary victim claims for mothers

By John de Bono This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v. Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant […]

Disentangling the scope of an inquest

By Nageena Khalique QC Coroner for the Birmingham Inquests (1974) v. Hambleton & Ors. [2018] EWCA Civ 2081 (judgment here). On the evening of 21 November 1974 two successive explosions tore through two busy city centre pubs in the heart of Birmingham. The bombings, thought to be perpetrated by the IRA, resulted in the largest […]

Latest Briefings

Consumer loan agreements denominated in Swiss francs

By Mateja Ule In the past years, Slovenian courts have been faced with several actions filed by consumers requesting the court to declare loan agreements denominated in Swiss francs null and void. While the courts of first and second instance seemed to struggle to find a common approach in assessing the validity of Swiss francs loan […]

Are robots writing your will?

By Aidan Grant Law firm VWV conducted a poll which found that the majority of people asked are wary about the use of artificial intelligence in the preparation of wills, with almost a third of respondents saying that they would not want any artificial involvement at all. It must be said that, as with many stories, […]

Adjudication decisions: Avoiding enforcement where the money may disappear

By Michael Bennett The losing party in an adjudication always asks one question – do we really have to pay?  In most cases the answer will be yes, but the list of reasons for saying no just got slightly longer. The recent Court of Appeal case of Gosvenor London Limited v Aygun Aluminium UK Limited [2018] EWCA […]

Data Protection Officer: Bar Association makes announcement on overlapping roles

The General Council of the Portuguese Bar Association («PBA») has finally announced its position on the situation of lawyers who act as Data Protection Officers («DPOs»). This announcement clarifies the PBA’s understanding on holding the position of DPO while practising as a lawyer. The PBA’s position appears in Opinion no. 14/PP/2018-G, published on 28 September […]

Cayman Islands economic substance requirements

By Nick Rogers, David McIntyre From 1 January 2019, new legislation will come into effect in the Cayman Islands, requiring in-scope entities that carry on particular activities to have demonstrable economic substance in Cayman. The International Tax Co-operation (Economic Substance) Law, 2018 was passed on 17 December 2018, after an extensive process of consultation with the EU […]

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Quinn and McDermott make up two apiece in London in 2019 promos

Quinn Emanuel Urquhart & Sullivan and McDermott Will & Emery have both made up two partners in London for the 2019 promotions season. Quinn’s brace come as part of a round of 14 partners who have been promoted this year. Competition lawyer and The Lawyer Hot 100 alumnus Nicola Chesaites and commercial litigator Aidan O’Rourke […]

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DAC Beachcroft includes #MeToo in list of business risks

DAC Beachcroft is understood to have positioned the #MeToo movement at the heart of potential risks to its business as a growing number of firms have their reputations damaged by partners’ inappropriate behaviour. The decision is understood to have come as part of the firm’s annual business review which aims to identify what could cause […]

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Paul Hastings Hong Kong chair moves in-house for global GC role

Paul Hastings’ Hong Kong partner and office chair Steve Winegar has moved in-house, taking up a new role as international general counsel at Chinese insurance giant Ping An. The move will see Winegar returning to an in-house position in the financial sector. He joined Paul Hastings as a corporate partner in 2010 from Goldman Sachs, […]

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Slaughters leads Arsenal in UK’s first battery powered stadium

Slaughter and May, Burges Salmon and Foot Anstey have advised in the world’s first football stadium battery at Arsenal’s Emirates Stadium, which will power the whole ground from kick-off to full time. Tucked in the basement of the stadium, the battery storage system (BSS), follows three years of development between Arsenal, developer Pivot Power and investment company […]

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Ince partners facing 12-month lock-in after Gordon Dadds deal

Partners from legacy Ince & Co are facing a 12-month lock-in period following the conclusion of the deal that saw it merge with Gordon Dadds, The Lawyer understands. As part of the deal, partners are thought to have agreed to a ‘black-box’ remuneration system which will see them each negotiate individual deals with the new listed […]

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