Legal professional privilege in the UK – OUT-LAW.com

‘If a document is privileged, the basic position is it can be withheld from third parties.’

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OUT-LAW.com, 13th May 2022

Source: www.pinsentmasons.com

Court of Appeal backs decision to make collective action opt-out – Legal Futures

‘The difficulty of people signing up to a collective action and the availability of third-party funding were legitimate factors to take into account in making it opt-out, the Court of Appeal has ruled.’

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Legal Futures, 9th May 2022

Source: www.legalfutures.co.uk

Bucking the Trend on Specific Performance Buckinghamshire Council v FCC Buckinghamshire Limited – Local Government Lawyer

Posted January 24th, 2022 in contracts, local government, news, third parties, waste by tracey

‘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.’

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Local Government Lawyer, 21st January 2022

Source: www.localgovernmentlawyer.co.uk

Gaps in Time and Space: Claims for Clinical Negligence by Secondary Victims following Paul v Royal Wolverhampton NHS Trust – Ropewalk Clinical Negligence Blog

Posted January 20th, 2022 in hospitals, negligence, news, psychiatric damage, third parties by tracey

‘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.’

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Ropewalk Clinical Negligence Blog, 18th January 2022

Source: www.ropewalk.co.uk

Children: Public Law Update (Winter 2022) – Family Law Week

‘John Tughan QC of 4PB considers recent judgments that public law child lawyers need to know about.’

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Family Law Week, 7th January 2022

Source: www.familylawweek.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

‘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.’

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Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘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.’

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Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Mishcon fined £25,000 over football transfer payments – Law Society’s Gazette

Posted November 1st, 2021 in banking, fines, law firms, news, Solicitors Regulation Authority, sport, third parties by tracey

‘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.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog

Posted October 25th, 2021 in chambers articles, costs, dentists, expert witnesses, negligence, news, third parties by tracey

‘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.’

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Ropewalk Clinical Negligence Blog, 19th October 2021

Source: www.ropewalk.co.uk

UK product safety laws won’t prevent another Grenfell tragedy, report warns – The Guardian

Posted September 30th, 2021 in brexit, consumer protection, electronic commerce, news, third parties by sally

‘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.’

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The Guardian, 30th September 2021

Source: www.theguardian.com

The Authority to Enter into a Contract on Behalf of a Business – Who Has It? – Becket Chambers

Posted August 26th, 2021 in chambers articles, contracts, news, third parties by sally

‘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’.’

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Becket Chambers, 12th August 2021

Source: becket-chambers.co.uk

Third party tax information notices taxpayers have no right to attend hearing – OUT-LAW

Posted August 11th, 2021 in appeals, HM Revenue & Customs, news, taxation, third parties, tribunals by tracey

‘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.’

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OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com

High Court refuses to let law firm take place of deceased claimant – Legal Futures

Posted July 21st, 2021 in assignment, champerty, costs, damages, fees, law firms, news, third parties by sally

‘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.’

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Legal Futures, 20th July 2021

Source: www.legalfutures.co.uk

Court blocks firm being substituted into claim of dead client – Law Society’s Gazette

Posted July 21st, 2021 in assignment, champerty, costs, damages, fees, law firms, news, third parties by sally

‘The High Court has refused an application from a London firm to be substituted for their deceased client in a £1.5m litigation claim.’

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Law Society's Gazette, 20th July 2021

Source: www.lawgazette.co.uk

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

‘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.’

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Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Duty of care for the acts of third parties – Law Society’s Gazette

‘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.’

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Law Society's Gazette, 7th June 2021

Source: www.lawgazette.co.uk

English court has ‘broad jurisdiction’ to grant access to documents – OUT-LAW.com

‘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.’

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OUT-LAW.com, 25th May 2021

Source: www.pinsentmasons.com

Case Comment: Burnett or Grant v International Insurance Company of Hanover Limited [2021] UKSC 12 – UKSC Blog

‘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.’

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UKSC Blog, 21st May 2021

Source: ukscblog.com

Resources and Section 25 of the Matrimonial Causes Act 1973 – Family Law Week

‘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.’

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Family Law Week, 28th April 2021

Source: www.familylawweek.co.uk

Litigation funding agreements are not DBAs, Court of Appeal judges confirm – Litigation Futures

‘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.’

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Litigation Futures, 8th March 2021

Source: www.litigationfutures.com