Tim Pole prosecutes prolific fly-tipper

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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 […]

Latest Briefings

Estate duty being re-introduced in India – An update

Presently, India does not have an estate duty. The Estate Duty Act, 1953 which sought to impose an estate duty in India on property passing on demise was repealed in the year 1985. Is the estate duty a relic of the past? Rumours are rife that an estate duty will soon be reintroduced in India. […]

Market trends in offshore relocations to the Channel Islands for HNWs and businesses

Leading a team of specialists in both HNW and business relocations across BVI, Cayman, Guernsey, Jersey and Luxembourg, Ogier partner Jonathan Hughes has a unique perspective on trends and factors driving relocations to the Channel Islands. As substance regulations make new demands on economically active HNWIs, the Channel Islands’ offering of a London-equivalent professional services […]

EUR 50 million fine for GDPR in France. What about CEE?

On 21 January 2019, the French data protection authority — the Commission nationale de l’informatique et des libertés (“CNIL”) — issued a General Data Protection Regulation (“GDPR”) fine of EUR 50 million against Google LLC. (“Google”). The CNIL launched its investigation of Google on 1 June 2018 based on two complaints filed by data subjects. […]

Macedonia: Stricter rules for awarding new exploitation concessions

After a long, complex and nation-wide discussion, on 9 January 2019, the Macedonian Parliament introduced stricter rules for obtaining exploitation concessions. Effective immediately, the novelties from the Minerals Law target potentially new mines, and they came as a result of the broad interest shown during the last couple of years concerning the environmental effects of the mining […]

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The 60 second interview: Clifford Chance on crisis management

Ahead of his session at the General Counsel Strategy Summit, Clifford Chance partner Matthew Scully talks to The Lawyer  about his approach to crisis situations and the role of investigations lawyers. What does “good” look like when it comes to international companies managing their local compliance challenges? International companies face both global and local risks. They […]

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Crown Court dismisses SFO charges against Barclays

The Serious Fraud Office charges relating to Barclays’ 2008 capital raising have been dismissed by the Crown Court today (21 May). The SFO is likely to reapply to bring the charges in front of the High Court in the hope the proceedings will recommence through an “indictment of the same charges”. The initial charges against […]

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