Archie Battersbee: how third parties can further complicate tragic life support cases – The Guardian

‘Government said to be considering inquiry into new ways of handling decisions, as religious groups accused of inflaming tensions.’

Full Story

The Guardian, 1st August 2022

Source: www.theguardian.com

Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures

‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’

Full Story

Legal Futures, 29th July 2022

Source: www.legalfutures.co.uk

What if it is not just my fault? A whistle stop guide to making a contribution claim – Mills & Reeve

‘In principle, a claim can be made against one responsible party for all losses suffered, even when other parties were involved (e.g. a claim against solicitors when a barrister may have also provided advice) but what if a claim is made against you and you aren’t the only one to blame?’

Full Story

Mills & Reeve, 26th July 2022

Source: www.mills-reeve.com

Serious farce: SFO slammed over Unaoil case as third conviction quashed – Law Society’s Gazette

Posted July 22nd, 2022 in bribery, corruption, disclosure, news, Serious Fraud Office, third parties by tracey

‘The Serious Fraud Office must prevent third parties having ‘direct access’ to the watchdog’s director and ensure all prosecutions have an “effective disclosure strategy”, a review into the calamitous Unaoil bribery case recommended today – as a third man jailed after the investigation had his name cleared.’

Full Story

Law Society's Gazette, 21st July 2022

Source: www.lawgazette.co.uk

Public uncomfortable with tech firms’ use of court data – Legal Futures

‘Less than a fifth (18%) of the public are comfortable with the use of data from the courts by tech companies, a major study has found.’

Full Story

Legal Futures, 21st July 2022

Source: www.legalfutures.co.uk

Local authority wins appeal over costs order made in private family law proceedings – Local Government Lawyer

Posted July 8th, 2022 in appeals, costs, families, family courts, local government, news, third parties by sally

‘A judge allowed an “impermissible device” designed to provide a public source of funding for the parties’ legal costs in private family law proceedings, the Family Court has ruled.’

Full Story

Local Government Lawyer, 7th July 2022

Source: www.localgovernmentlawyer.co.uk

High Court criticises SDT for “sweeping anonymity orders” – Local Government Lawyer

Posted July 7th, 2022 in anonymity, disciplinary procedures, news, solicitors, third parties by sally

‘A High Court judge has criticised the Solicitors Disciplinary Tribunal (SDT) for taking it upon itself to issue “sweeping anonymity orders” in respect of all the third parties in a case about a solicitor’s social media posts.’

Full Story

Local Government Lawyer, 7th July 2022

Source: www.legalfutures.co.uk

TalkTalk: Clever pleading cannot guide Claimants out of Warren – Panopticon

Posted May 30th, 2022 in data protection, negligence, news, third parties by sally

‘Since last year, Warren has proved a thorn in the side of those bringing claims arising out of external cyber-attacks – appearing, at least, to bar such Claimants from relying on the torts of negligence and misuse of private information (MPI), as well as breach of confidence. That appearance was confirmed to be reality by Saini J in Graeme Smith & ors v TalkTalk Telecom Group plc [2022] EWHC 1311 (QB). Avid readers of Panopticon will observe that it was Saini J who also decided Warren, thus confirming the position in Smith (not the South African cricketer), in the face of attempts by the Claimants initially to suggest that Warren was wrongly decided; diluted subsequently to seek to distinguish it on the facts. Saini J’s confirmation of the position post-Warren (and explaining that had given consideration to the case of Swinney v Chief Constable of Northumbria Police Force [1997] QB 464), is important, as it makes the law clear, following HHJ Pearce’s decision in Collins & Ors v Ticketmaster UK Limited [2022] Costs LR 123. In Collins, the Court had not decided the point, but did permit an amendment to plead MPI in a data breach case despite Warren – although “could not say that the claim went beyond that which was arguable”. HHJ Pearce permitted the amendment in Collins where the claimants had argued that Warren could be distinguished and did not apply to cases where the defendant had taken a deliberate decision to conduct its business in a manner that did not comply with the relevant industry standard – as opposed to “pure” omission cases. The clarity now provided by Saini J is welcome, given the importance of the feasibility of MPI claims in this field to claimants potentially being able to recover ATE premia (the conventional wisdom being that they are irrecoverable in DPA/GDPR claims).’

Full Story

Panopticon, 30th May 2022

Source: panopticonblog.com

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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’.’

Full Story

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.’

Full Story

OUT-LAW.com, 10th August 2021

Source: www.pinsentmasons.com