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

M v M – more than just costs by Nick Power – Broadway House Chambers

‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’

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Broadway House Chambers, 10th June 2020

Source: broadwayhouse.co.uk

Oligarch’s wife brings son into high-stakes divorce case – The Guardian

Posted May 12th, 2020 in champerty, divorce, families, joinder, news, third parties by sally

‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’

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The Guardian, 10th May 2020

Source: www.theguardian.com

Litigation funding: a new reality post-Chapelgate – Six Pump Court

Posted April 21st, 2020 in chambers articles, costs, news, third parties by sally

‘The new reality for litigation funders in the courts in England & Wales is that they must be prepared to pay a defendant’s costs in full if the funded claimant loses.’

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Six Pump Court, 17th April 2020

Source: www.6pumpcourt.co.uk

High Court orders disclosure of DBA and funding – Litigation Futures

Posted March 30th, 2020 in damages, disclosure, limitations, news, third parties by sally

‘The High Court has ordered the claimants in a major group action to disclose details of both the damages-based agreement (DBA) and third-party funding arrangements they have entered into.’

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Litigation Futures, 30th March 2020

Source: www.litigationfutures.com

Patient confidentiality – to breach or not to breach? – No. 5 Chambers

‘In 2007 C’s father (XX) killed his wife, C’s mother. He was made the subject of a hospital order. He was treated by D1’s multidisciplinary team. In 2009 his care was transferred to Dr O, a consultant forensic psychiatrist. C took part in family therapy sessions through D2. There was a suspicion that XX had Huntington’s disease but he refused to undergo genetic testing. He did not want C or her sister to know. His patient confidentiality was respected by D1 and D2. About this time C became pregnant. In 2013 C tested positive for Huntington’s. C was accidentally informed that XX had tested positive.’

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No. 5 Chambers, 10th March 2020

Source: www.no5.com

Third party costs order for medical expert deemed ‘not generally competent as an expert’: Thimmaya v Lancashire NHS Foundation Trust – Parklane Plowden

Posted March 24th, 2020 in chambers articles, costs, expert witnesses, news, third parties by sally

‘Sitting at Manchester County Court, HHJ Evans took the path less trodden and ordered a consultant spinal surgeon, acting as the Claimant’s expert witness in clinical negligence proceedings, to pay £88,800 to cover the costs wasted as a result of his input.’

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Parklane Plowden, 4th March 2020

Source: www.parklaneplowden.co.uk

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

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UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

Funder exposed to costs as CoA says Arkin rule not binding – Law Society’s Gazette

Posted February 27th, 2020 in budgets, champerty, costs, fees, news, third parties by tracey

‘The Court of Appeal has ruled that a litigation funder can be exposed to higher costs than those they committed to backing a claim in a ruling that will send shock-waves through the sector.’

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Law Society's Gazette, 26th February 2020

Source: www.lawgazette.co.uk

Court of Appeal: Arkin cap is not a binding rule – Litigation Futures

Posted February 26th, 2020 in appeals, costs, news, third parties by sally

‘The Arkin cap is not a binding rule and judges have the discretion to order commercial funders to pay more than they have spent on a case, the Court of Appeal has held in a landmark decision.’

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Litigation Futures, 25th February 2020

Source: www.litigationfutures.com

Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert – Hailsham Chambers

‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’

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Hailsham Chambers, 21st February 2020

Source: www.hailshamchambers.com

Unfit expert hit with £89k third-party costs order – Litigation Futures

Posted February 14th, 2020 in costs, expert witnesses, negligence, news, third parties by sally

‘A circuit judge has made a “highly unusual” and large third-party costs order against a claimant’s medical expert witness, whose “improper, unreasonable, or negligent conduct” doomed the case.

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Litigation Futures, 14th February 2020

Source: www.litigationfutures.com

Financial Remedy Update, February 2020 – Family Law Week

Posted February 13th, 2020 in cohabitation, divorce, financial provision, joinder, matrimonial home, news, third parties by tracey

‘Sarah Hunter, Senior Associate and Eleanor Cawthra, Associate Mills & Reeve LLP consider the important news and case law relating to financial remedies and divorce during February 2020.’

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Family Law Week, 12th February 2020

Source: www.familylawweek.co.uk

Landlord Advice Companies in Litigation – Help or Hindrance? – Pallant Chambers

Posted February 4th, 2020 in landlord & tenant, legal services, news, third parties by sally

‘For individual landlords unfamiliar with the courts, recovering possession from tenants must often seem like a daunting proposition. It is therefore unsurprising that many such landlords turn to the wide variety of landlord advice companies that advertise support and assistance. These advice companies often offer different ‘packages’, ranging from simply drafting letters before action to pursuing possession orders right through to judgment.’

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Pallant Chambers, 30th January 2020

Source: www.pallantchambers.co.uk

Avon Ground Rents Limited v (1) Cowley and others (2) Metropolitan Housing Trust (3) Advance (4) May Hempstead Partnership – Tanfield Chambers

Posted January 28th, 2020 in landlord & tenant, leases, news, service charges, third parties by sally

‘Likely payments from third parties, including insurers, may be considered when the assessing what sums are reasonable and accordingly payable in respect of service charges in advance under s.19 (2) Landlord and Tenant Act 1985.’

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Tanfield Chambers, 21st January 2020

Source: www.tanfieldchambers.co.uk

Liquidator’s firm liable for opponent’s costs after funding litigation – OUT-LAW.com

Posted January 13th, 2020 in company directors, costs, insolvency, limitations, liquidators, news, third parties by tracey

‘The High Court has characterised a liquidator’s firm as a real party to the litigation which it funded as it stood to make financial gain from the action and was therefore found not to be a pure funder facilitating access to justice.’

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OUT-LAW.com, 10th January 2020

Source: www.pinsentmasons.com

TPO in Football: What it is, how it is developing, and what it should be – Blackstone Sports Law Bulletin

Posted January 7th, 2020 in contracts, news, sport, third parties by sally

‘The issue of Third Party Ownership in football remains a live one, despite FIFA’s outright prohibition in 2015. Any analysis of the current landscape needs to start with an understanding of what is meant by Third Party Ownership, or TPO for short.’

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Blackstone Sports Law Bulletin, 6th January 2020

Source: www.sportslawbulletin.org

High Court ruling “shows strength of Manolete model” – Litigation Futures

‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’

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Litigation Futures, 5th December 2019

Source: www.litigationfutures.com

Third party harassment – 3PB

Posted December 4th, 2019 in employment tribunals, harassment, news, race discrimination, third parties by sally

‘The Respondent (“R”) provides mental health services including a secure, residential unit for men who are the subject of a treatment order under s3 Mental Health Act 1987.’

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3PB, 4th November 2019

Source: www.3pb.co.uk

Judge orders wife and mother-in-law to pay £12m costs bill – Litigation Futures

Posted December 4th, 2019 in costs, fraud, news, third parties by tracey

‘The High Court has ordered the wife and mother-in-law of a Kazakh businessman, the subject of a “very substantial fraud claim”, to pay the claimants’ costs bill of over £12m.’

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Litigation Futures, 3rd December 2019

Source: www.litigationfutures.com