Rapper Ceon Broughton wins appeal against manslaughter conviction following festival death of Louella Fletcher-Michie – Garden Court Chambers

‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’

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Garden Court Chambers, 18th August 2020

Source: www.gardencourtchambers.co.uk

Reining in the rule against reflective loss: Sevilleja v Marex Financial Ltd – Hardwicke Chambers

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘In a much-anticipated judgment, the Supreme Court in Sevilleja v Marex Financial Ltd unanimously allowed an appeal against a decision which, if it had been allowed to stand, would have denuded the intentional economic torts of much of their practical utility.’

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Hardwicke Chambers, 28th July 2020

Source: hardwicke.co.uk

Reflecting on “reflective loss”: Case note on Sevilleja v Marex Financial Ltd [2020] UKSC 31 – Hailsham Chambers

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘The appeal to the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 re-states the principle that a company’s shareholders cannot recover damages against a wrongdoer for loss which is “reflective” of a loss caused by the wrongdoer to the company itself.’

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Hailsham Chambers, July 2020

Source: www.hailshamchambers.com

Sevilleja v Marex: Reflective Loss Restated – 4 New Square

Posted July 30th, 2020 in causation, company law, damages, insolvency, news, shareholders, Supreme Court by sally

‘The Supreme Court’s decision in Sevilleja v. Marex Financial Ltd, 15 July 2020, fundamentally restates the doctrine of reflective loss in company law so that:

A claim by a company’s creditor against a third party will not be barred where it reflects loss suffered by the company, even if the creditor is also a shareholder; and
There is no longer an exception to the doctrine where the wrongdoer has brought about the company’s impecuniosity.’

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4 New Square, 17th July 2020

Source: www.4newsquare.com

Court of Appeal Re-examines Test for Causation Under Section 15 of the Equality Act 2010 – Old Square Chambers

‘The Court of Appeal has delivered judgment in the case of Robinson v Department for Work and Pensions [2020] EWCA Civ 859, a decision which confirms that it is insufficient for a Claimant to argue, on a claim under section 15 of the Equality Act 2010, that “but for” their disability they would not have been put in a situation that led to unfavourable treatment. Rather, the focus needs to be on the reasons for the treatment itself. In so finding, the Court has approved of the obiter comments of Underhill LJ in Dunn v Secretary of State for Justice [2019] IRLR 298.’

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Old Square Chambers, 7th July 2020

Source: www.oldsquare.co.uk

Proving causation—business interruption insurance coverage amid coronavirus (COVID-19) – Monckton Chambers

Posted June 26th, 2020 in causation, chambers articles, coronavirus, insurance, news by sally

‘Steven Gee QC, commercial barrister and arbitrator, and Kristina Lukacova, barrister, both at Monckton Chambers, discuss coverage under business interruption insurance during the coronavirus (COVID-19) pandemic.’

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Monckton Chambers, 16th June 2020

Source: www.monckton.com

Daughters’ psychiatric claims restored over witnessing of father’s death – Law Society’s Gazette

Posted June 18th, 2020 in causation, news, psychiatric damage, striking out, third parties by sally

‘The High Court has ruled it was wrong to strike out secondary victim claims from daughters who witnessed their father die after he was allegedly victim of clinical negligence.’

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Law Society's Gazette, 12th June 2020

Source: www.lawgazette.co.uk

1COR Quarterly Medical Law Review – Spring 2020 – Issue 5 – 1 Crown Office Row

‘Welcome to the fifth issue of the Quarterly Medical Law Review, brought to you by the barristers at 1 Crown Office Row.’

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1 Crown Office Row, 15th May 2020

Source: www.1cor.com

What Morrisons means for employer liability – Law Society’s Gazette

Posted May 21st, 2020 in causation, data protection, news, Supreme Court, vicarious liability by sally

‘The Supreme Court recently ruled that Morrison Supermarkets was not vicariously liable for a data breach committed maliciously by a former employee who disclosed employee payroll data online (WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12). The judgment clarified that the test for vicarious liability is whether the acts committed by the employee were ‘so closely connected’ with the acts that they were authorised to carry out by their employer that such acts ‘can fairly and properly be regarded as done’ by the employee acting in the ordinary course of his or her employment.’

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Law Society's Gazette, 18th May 2020

Source: www.lawgazette.co.uk

COVID-19 : a murderous virus? – Church Court Chambers

Posted May 19th, 2020 in causation, coronavirus, murder, news, prosecutions, unlawful killing by sally

‘Notwithstanding the seriousness of the coronavirus (COVID-19) pandemic and a global effort to fight the same, some individuals have taken it upon themselves to exacerbate the horror of the virus by spitting at others, purporting to have coronavirus. The Criminal Justice System is sadly accustomed to dealing with offences that involve threats to spread disease via bodily fluids; these offenders are often seeking to cause psychological terror and harm, rather than physical harm. However in circumstances such as this, the immediate psychological fear caused by the concern that the victim may have contracted the virus, may then be sadly outweighed by the pain and suffering of contracting the virus and subsequent death.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

An Insight into Business Interruption Insurance: Causation & Quantum – Hailsham Chambers

‘This article is the second in a series from Hailsham Chambers addressing insurance implications from the current Covid-19 situation. It explores various causation, mitigation and quantum issues that are likely to arise in that litigation.’

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Hailsham Chambers, April 2020

Source: www.hailshamchambers.com

Hearing in biggest ever group litigation to go ahead remotely – Law Society’s Gazette

‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’

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Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

R (Carole Smith) v HM Assistant Coroner for North West Wales: Causation, admitted failings and what to record in the Record of Inquest – Parklane Plowden

‘On 7 April 2020, judgment was handed down in R (Carole Smith) v HM Coroner for North West Wales [2020] EWHC 781 (Admin). The case has important repercussions as to the relevance of admitted failures to Coroners’ conclusions and the extent of what should be recorded in the Record of Inquest (‘ROI’).’

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Parklane Plowden, 21st April 2020

Source: www.parklaneplowden.co.uk

EXE v Governors of the Royal Naval School [2020] EWHC 596 QB – 39 Essex Chambers

‘The Defendants employed a 30 year old man “Hughes” as a kitchen porter from 15 October 1990 to 10 July 1991 at their school for girls. He was provided with accommodation on the school premises. The Defendants were not aware that Hughes had a criminal record, including offences of indecent assault on a female and unlawful sexual intercourse with a girl under the age of 15. Had the Defendants been aware of these convictions, Hughes would not have been offered employment.’

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39 Essex Chambers, 22nd April 2020

Source: www.39essex.com

Causation in whistleblowing cases – St John’s Buildings

Posted April 17th, 2020 in causation, chambers articles, disclosure, employment, news, whistleblowers by sally

‘A worker has the right not to be subjected to a detriment on the ground that s/he has made a protected disclosure. However, the test of whether the protected disclosure was the reason in the employer’s mind for subjecting the worker to the detriment, and the placement of the burden of proving the same, can be confusing. Hopefully, this short note clarifies matters.’

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St John's Buildings, April 2020

Source: stjohnsbuildings.com

The Use of Statistical Evidence in Clinical Negligence Cases – 39 Essex Chambers

Posted April 17th, 2020 in appeals, causation, chambers articles, damages, negligence, news, statistics by sally

‘Can a claimant in a clinical negligence claim who is unable to prove the precise mechanism by which a positive outcome would have been achieved still succeed on causation? Yes, held the Court of Appeal in Schembri v Marshall[1]. The judgment also provides a useful summary of authorities dealing with the use of statistics for causation purposes in clinical negligence cases.’

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39 Essex Chambers, 8th April 2020

Source: www.39essex.com

Coronial causation in a mental health context: case comment by Simon Connolly – Park Square Barristers

‘The Claimant (mother of the Deceased) applied to judicially review the Coroner’s decision and record of inquest on five grounds.’

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Park Square Barristers, 9th April 2020

Source: www.parksquarebarristers.co.uk

Whistle-blowers Beware: Just because there is a PD doesn’t necessarily mean that the employer can’t respond (and damage your reputation) in order to ‘set the record straight’ – 3PB

‘Edwin Jesudason (‘C’), was a paediatric surgeon who was an honorary consultant working in the Department of Paediatric Surgery (‘DPS’) in the respondent NHS trust from 2006 until he resigned in 2012. Between 2009 and 2014 he made a series of allegations to the Trust, regulatory bodies and the media where he alleged fundamental failings in the operation of the DPS including serious allegations of professional incompetence, use of improper medical practices, attempts to cover up wrongdoing and in some cases he named and criticised specific individuals.’

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3PB, 2nd March 2020

Source: www.3pb.co.uk

Court of Appeal upholds no order for costs decision in housing case where claimant withdrew proceedings after being given new accommodation – Local Government Lawyer

Posted March 17th, 2020 in causation, costs, housing, judicial review, news by sally

‘A judge was entitled to conclude that the appropriate course was to make no order for costs in a housing case where legal proceedings were withdrawn because the claimant had obtained all the relief she was seeking, the Court of Appeal has found.’

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Local Government Lawyer, 16th March 2020

Source: www.localgovernmentlawyer.co.uk

COA Considers Causation & the Reach of s.43G in Jesudason v Alder Hey Childrens NHS Foundation Trust – Old Square Chambers

Posted February 11th, 2020 in causation, disclosure, news, victimisation, whistleblowers by sally

‘Mr Jesudason was a consultant paediatric surgeon for the Trust. Between 2009 and 2014, he made a number of allegations to the Trust, several regulatory bodies and other third parties, including the media. These allegations related to serious failures and wrongdoing in the operation of his Department at the Trust. Following the termination of his employment, Mr Jesudason brought claims of whistleblowing. His claims were dismissed by the ET and the EAT. Giving the sole judgment in the Court of Appeal, Sir Patrick Elias dismissed Mr Jesudason’s appeal.’

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Old Square Chambers, 4th February 2020

Source: www.oldsquare.co.uk