UPDATE: Halliburton v Vedanta: Performance Bonds and COVID-19 – Atkin Chambers

Posted June 4th, 2020 in contracts, coronavirus, damages, India, injunctions, news by sally

‘Shourav Lahiri revisits the case of Halliburton v Vedanta where a differently constituted bench of the Delhi High Court has just reversed its previous decision and discharged its injunction against the call on performance bonds. This update also examines some related issues that could arise as a consequence of COVID-19.’

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Atkin Chambers, 2nd June 2020

Source: www.atkinchambers.com

Fatal Accident Claims by Jayne Adams QC – Ropewalk Chambers

‘The area of fatal accident claims is a wide one and, on occasion, a very complicated one. This handout and indeed the lecture which it accompanies is not intended to cover every aspect of such claims. To do so would take too much time and would, in any event, fail to cover every eventuality.’

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Ropewalk Chambers, 19th May 2020

Source: www.ropewalk.co.uk

Identifying and dealing with difficult issues in NIHL cases – Parklane Plowden Chambers

Posted June 3rd, 2020 in chambers articles, damages, limitations, news, noise, personal injuries by sally

‘The diagnosis and quantification of NIHL is affected by innumerable confounding factors, which include:

(i) Constitutional issues, such as unrelated third pathologies, which can

‘replicate’ the pattern of threshold elevation as appears in NIHL cases;

(ii) Personal susceptibility to hearing damage: ‘soft and hard ears’;

(iii) The actual threshold at birth or before noise exposure, which means assumptions must be made regarding the extent of any allegedly raised threshold;

(iv) Age. Particularly how the effects of age are to be calculated and the assumptions which are valid in arriving at an approved or reliable AAHL table of estimates’

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Parklane Plowden Chambers, 22nd May 2020

Source: www.parklaneplowden.co.uk

COVID-19, Vaccines, BREXIT and Vaccine Damage Claims – Henderson Chambers

Posted June 2nd, 2020 in brexit, coronavirus, damages, medicines, news, personal injuries by sally

‘There is currently an enormous international effort in progress to invent, test and obtain regulatory approval for a COVID-19 vaccine (or more accurately, a vaccine against SARS-CoV-2, the underlying virus). It is right to consider now, how such a vaccine will get regulatory approval, how such approval might be affected by BREXIT, and if no-fault vaccine damage schemes may apply to any such novel vaccine.’

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Henderson Chambers, 18th May 2020

Source: www.hendersonchambers.co.uk

Watership Down author’s estate wins back all rights to classic novel – The Guardian

Posted June 2nd, 2020 in contracts, copyright, damages, film industry, media, news by sally

‘In a case at London’s high court, Richard Adams’ estate won a longstanding claim against Martin Rosen, director of the 1978 animation.’

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The Guardian, 1st June 2020

Source: www.theguardian.com

Whittington Hospitals NHS Trust v XX [2020] UKSC 14 – Hailsham Chambers

Posted June 1st, 2020 in appeals, cancer, chambers articles, damages, hospitals, news, Supreme Court, surrogacy by sally

‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’

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Hailsham Chambers, 21st May 2020

Source: www.hailshamchambers.com

C-19 damage: does international law hold any answers? – UK Human Rights Blog

Posted June 1st, 2020 in China, coronavirus, damages, human rights, international law, news by sally

‘What is international law for, if it cannot be enforced against the country responsible for breach? That is the question raised by a recent report documenting a series of steps by the Chinese Communist party to conceal from the World Health Organisation and the rest of the world the outbreak and human-to-human transmission of coronavirus. If we want a rules-based international order to mean anything, the authors of the report point out, it must be upheld.’

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UK Human Rights Blog, 1st June 2020

Source: ukhumanrightsblog.com

High Court rules on the effect of confidentiality clause in a settlement agreement – St Ives Chambers

Posted May 18th, 2020 in appeals, chambers articles, confidentiality, contracts, damages, employment, news by sally

‘In Duchy Farm Kennels Limited v Steels [2020] EWHC 1208 (QB) Alexander PritchardJones appeared in an important case about the effect of breaches of confidentiality clauses contained within settlement agreements.’

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St Ives Chambers, 14th May 2020

Source: www.stiveschambers.co.uk

Practice – Mail’s Strikeout Application – NIPC Law

Posted May 18th, 2020 in chambers articles, copyright, damages, data protection, media, news, privacy by sally

‘This was an application by the publisher of the Mail on Sunday and the Mail Online to strike out certain allegations contained in the particulars of claim and further information of the Duchess of Sussex and later the reply in an action that she has brought against the publisher for copyright infringement, misuse of private information and infringement of her rights under the General Data Protection Regulation. The complaint arises from the newspaper’s publication of a letter from the duchess to her father on 10 Feb 2019.’

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NIPC Law, 17th May 2020

Source: nipclaw.blogspot.com

Costs and Exaggeration: Morrow v Shrewsbury RUFC LTD [2020] EWHC 999 (QB) – Park Square Barristers

‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’

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Park Square Barristers, 5th May 2020

Source: www.parksquarebarristers.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

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

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Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

EP 110: Should the NHS be liable for commercial surrogacy expenses? – William Edis QC – Law Pod UK

‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’

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Law Pod UK, 1st May 2020

Source: audioboom.com

Duchess of Sussex: Mail on Sunday wins first round in Meghan privacy case – BBC News

‘The Mail on Sunday has won the first round of a legal battle against the Duchess of Sussex over the publication of a letter she wrote to her father.’

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BBC News, 1st May 2020

Source: www.bbc.co.uk

Coronavirus and Clinical Negligence – Coronavirus: Guidance for Lawyers and Businesses

‘Nigel Poole QC considers the question: how will the Coronavirus pandemic affect clinical negligence litigation in England and Wales?’

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Coronavirus: Guidance for Lawyers and Businesses, 30th April 2020

Source: lawinthetimeofcorona.wordpress.com

Case Comment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog

Posted April 28th, 2020 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘As a consequence of the admitted negligence of the Whittington Hospital in failing to detect signs of cancer, the claimant developed cancer of the cervix for which she required chemoradiotherapy treatment that led to infertility. The claimant decided to have their own biological children by surrogacy. The experts for the parties agreed that on the balance of probabilities the claimant would achieve two live births from her 12 cryopreserved eggs. If her cryopreserved eggs do not result in 3-4 children, the claimant intends to use donor eggs. Her first choice of surrogacy is California, primarily because surrogacy is lawful and binding there. She claimed damages in respect of the expenses of four pregnancies either in California or the UK using her own eggs and, if necessary, donor eggs.’

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UKSC Blog, 27th April 2020

Source: ukscblog.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

Vicarious Liability: whose liability is it anyway? – 4 New Square

‘On 1 April 2020 the Supreme Court handed down judgment in Barclays Bank plc v Various Claimants [2020] UKSC 13 (“Barclays”) and MW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (“Morrison”) – the latest in the recent line of cases focussed on the nature, scope and development of the doctrine of vicarious liability.’

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4 New Square, 20th April 2020

Source: www.4newsquare.com

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

Commercial Court refuses split liability and quantum trial in cartel competition damages claim which included a ‘follow on claim’ (Daimler AG v Walleniusrederierna Aktiebolag) – Henderson Chambers

Posted April 22nd, 2020 in chambers articles, Commercial Court, competition, damages, news by sally

‘Bryan J refused an application for a split trial in a partial follow-on cartel competition claim. Even though part of the claims were standalone, it was always going to be difficult to persuade the court into a split trial (liability and quantum) where the follow-on claims require no liability findings. Written by Adam Heppinstall, barrister, at Henderson Chambers.’

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Henderson Chambers, 16th April 2020

Source: www.hendersonchambers.co.uk