‘Clare Mendelle and James Hughes highlight the wide definition of Third-Party Income and the measures the courts are prepared to take to enforce the terms of longstanding contracts, by analysing the Buckinghamshire Council v FCC Buckinghamshire Limited case.’
Local Government Lawyer, 21st January 2022
Source: www.localgovernmentlawyer.co.uk
‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’
Ropewalk Clinical Negligence Blog, 18th January 2022
Source: www.ropewalk.co.uk
‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’
Family Law Week, 7th January 2022
Source: www.familylawweek.co.uk
‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’
Legal Futures, 4th January 2022
Source: www.legalfutures.co.uk
‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’
Becket Chambers, 19th October 2021
Source: becket-chambers.co.uk
‘London firm Mishcon de Reya has been fined £25,000 by the Solicitors Disciplinary Tribunal for failing to prevent payments being made into and from the client account to pay third parties involved in football transfers.’
Law Society's Gazette, 29th October 2021
Source: www.lawgazette.co.uk
‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’
Ropewalk Clinical Negligence Blog, 19th October 2021
Source: www.ropewalk.co.uk
‘The UK’s product safety regime is not up to the job of preventing a tragedy such as the Grenfell Tower fire as shopping moves online and regulators take on new responsibilities following Brexit, MPs have warned.’
The Guardian, 30th September 2021
Source: www.theguardian.com
‘In order for a contract to be enforceable against a business, the person who entered into it on business’ behalf must have had the requisite authority to do so. In reality, a wide range of people often have the authority to enter into contracts on behalf of businesses, but for the purposes of this article I will simply refer to the person seeking to enter into a contract on behalf of the business as ‘the employee’.’
Becket Chambers, 12th August 2021
Source: becket-chambers.co.uk
‘The tax tribunal has no power to direct that an application by HM Revenue & Customs (HMRC) for a third party information notice be held “inter partes”, that is with the taxpayer or the third party present, the Court of Appeal has confirmed.’
OUT-LAW.com, 10th August 2021
Source: www.pinsentmasons.com
‘A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.’
Legal Futures, 20th July 2021
Source: www.legalfutures.co.uk
‘The High Court has refused an application from a London firm to be substituted for their deceased client in a £1.5m litigation claim.’
Law Society's Gazette, 20th July 2021
Source: www.lawgazette.co.uk
‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’
Ropewalk Clinical Negligence Blog, 12th July 2021
Source: www.ropewalk.co.uk
‘In Begum v Maran (UK) Ltd [2021] EWCA Civ 326, the Court of Appeal recently refused to dismiss a claim seeking damages from a UK-domiciled company following its sale of a ship to a third party, which arranged for its disposal in an unsafe manner. Although limited to arguability, it offers key insights into how duties could evolve into the consequences of corporates’ interactions with third parties.’
Law Society's Gazette, 7th June 2021
Source: www.lawgazette.co.uk
‘A recent decision by the High Court of England and Wales highlights the breadth of its jurisdiction to grant access to documents that have been referred to in a public hearing, according to experts at Pinsent Masons, the law firm behind Out-Law.’
OUT-LAW.com, 25th May 2021
Source: www.pinsentmasons.com
‘In this post, Harriet Munro and Rowena Williams, members of the insurance disputes team at CMS, discuss the decision of the UK Supreme Court in the matter Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12, which concerns the application of a ‘deliberate acts’ exclusion in insurance policies.’
UKSC Blog, 21st May 2021
Source: ukscblog.com
‘Joseph Rainer and Thomas Haggie, barristers of Queen Elizabeth Building, consider third-party assets and their bearing on the court’s assessment of resources in financial remedy cases.’
Family Law Week, 28th April 2021
Source: www.familylawweek.co.uk
‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’
Litigation Futures, 8th March 2021
Source: www.litigationfutures.com
‘The continuing impact of the Covid-19 pandemic is slowly but surely beginning to cast a shadow over personal injury claims. As the months have rolled on, viable businesses, starved of custom, are facing the prospect of being forced to cease trading. Those same businesses are the Defendants in many ongoing and pending claims. So, what happens when a Defendant becomes insolvent?’
St John's Chambers, February 2021
Source: stjohnsbuildings.com
‘Employment tribunals were intended when first introduced in 1963 to be easily accessible, simple, and straightforward but have gradually taken on more of the appearance of courts. There was a somewhat naive belief in the beginning that justice in such tribunals could be achieved without the parties needing lawyers. The presiding officer was called a chair but is now a judge. And tribunals of course now deal with cases of great complexity, recondite legal areas and with millions at stake. A continuing fundamental difference from a court, however, is that the tribunal has no inherent jurisdiction but only what the dizzying array of statutes provide them.’
Littleton Chambers, 5th February 2021
Source: littletonchambers.com
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