‘The law relating to secondary victims, who suffer psychiatric injury as a result of witnessing a shocking event, has long been an area of contention.’
St Philips Chambers, 8th June 2020
Source: st-philips.com
‘The Upper Tribunal has handed down judgment in DP v Topmark Claims Management Ltd [2020] UKUT 0106 (AAC), which is the first time the Diffuse Mesothelioma Payment Scheme (“DMPS”) has been considered at an appellate level. It gave guidance on the scope of the scheme, as well as wider points on the nature of an appeal before the First Tier Tribunal (“FTT”) and on statutory interpretation.’
Hardwicke Chambers, 2nd June 2020
Source: hardwicke.co.uk
‘An employment tribunal has been ordered to reconsider the £47,000 in damages that it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm.’
Legal Futures, 12th June 2020
Source: www.legalfutures.co.uk
‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’
UK Human Rights Act, 11th June 2020
Source: ukhumanrightsblog.com
‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’
Parklane Plowden Chambers, 5th June 2020
Source: www.parklaneplowden.co.uk
‘The judgment handed down by the Supreme Court in the case of XX (Respondent) v Whittington Hospital NHS Trust (Appellant) [2020] UKSC 14, on 1 April 2020, fundamentally changed the landscape in the United Kingdom for recovering the cost of surrogacy arrangements. By a majority, it determined that a person may claim damages to fund the cost of surrogacy, both commercial in a country where it is lawful and non-commercial, using her own or donor eggs.’
No. 5 Chambers, 4th June 2020
Source: www.no5.com
‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’
NIPC Law, 4th June 2020
Source: nipclaw.blogspot.com
‘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.’
Atkin Chambers, 2nd June 2020
Source: www.atkinchambers.com
‘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.’
Ropewalk Chambers, 19th May 2020
Source: www.ropewalk.co.uk
‘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’
Parklane Plowden Chambers, 22nd May 2020
Source: www.parklaneplowden.co.uk
‘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.’
Henderson Chambers, 18th May 2020
Source: www.hendersonchambers.co.uk
‘In a case at London’s high court, Richard Adams’ estate won a longstanding claim against Martin Rosen, director of the 1978 animation.’
The Guardian, 1st June 2020
Source: www.theguardian.com
‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’
Hailsham Chambers, 21st May 2020
Source: www.hailshamchambers.com
‘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.’
UK Human Rights Blog, 1st June 2020
Source: ukhumanrightsblog.com
‘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.’
St Ives Chambers, 14th May 2020
Source: www.stiveschambers.co.uk
‘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.’
NIPC Law, 17th May 2020
Source: nipclaw.blogspot.com
‘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.’
Park Square Barristers, 5th May 2020
Source: www.parksquarebarristers.co.uk
‘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.’
Hailsham Chambers, April 2020
Source: www.hailshamchambers.com
‘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.’
Law Society's Gazette, 4th May 2020
Source: www.lawgazette.co.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.’
Law Pod UK, 1st May 2020
Source: audioboom.com
© Inner Temple Library 2024