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TATLA Newsletter: February 2022
From Keefe to Tattersall and section 3 of Brussels I recast: expansion and contraction in “matters relating to insurance“ Introduction Prior to 13 December 2007 an English solicitor seeking compensation for an English client injured elsewhere in the European Union would have advised that client…
Medical Law Briefing: December 2021
Medical treatment and non-delegable duties of care A recent trio of dental treatment claims (Ramdhean v Agedo (2020), Breakingbury v Croad (2021) and Hughes v Rattan (2021)) have all resulted in findings that a dental practice (or its owner) owes a non-delegable duty of care…
Covid Briefing: November 2021
This year’s 1 Chancery Lane Autumn Bumper Briefing takes as its theme – what else? – Covid-19 and its consequences. Some two years after the virus was first identified, and just over eighteen months since the first lockdown began, the courts are starting to deal…
Medical Law Briefing: October 2021
There have been a number of recent decisions on limitation; it is fertile ground for argument. One such recent decision is the case of Wilkins v University North Midlands NHS Trust [2021] EWHC 2164 (QB) 30/7/21, in which Paul Stagg of 1CL represented the claimant,…
Personal Injury Briefing: October 2021
In May of this year Robert Parkin and Henk Soede authored an extremely popular briefing on the Occupiers Liability Act 1957. In this companion briefing Andrew Spencer considers the question of who is an occupier and Robert Parkin provides a useful analysis of the scope…
Medical Law Briefing: August 2021
This article considers the important clinical negligence decisions over the first half of 2021. In summary: i. There have been three important reported cases involving fundamental dishonesty pleadings by NHS trusts. This is rapidly becoming a defining area of medical negligence law and all practitioners…
Personal Injury Briefing: July 2021
From Exodus to the Animals Act 1971: horses, cattle and dogs If an ox gore a man or a woman, that they die: then the ox shall be surely stoned, and his flesh shall not be eaten; but the owner of the ox shall be quit. ……
Personal Injury and Medical Law Briefing: July 2021
Capacity is an important issue that can arise in cases of all values and complexities. Sometimes the case is straightforward and low value but the injured party has pre-existing vulnerabilities affecting their ability to give instructions and make decisions. In other cases the claimant has…
Professional Negligence and Clinical Negligence Briefing – June 2021
On 18th June the Supreme Court handed down judgments in Manchester Building Society v Grant Thornton and Khan v Meadows. In this joint briefing we consider the judgments from both a professional negligence and clinical negligence perspective. Rehabilitation of the “Mountaineer’s Knee” Manchester Building Society…
Medical Law Briefing – June 2021
An Introduction to Capacity: Part I Welcome to another edition of the 1 Chancery Lane Clinical Negligence team briefing. In this edition Ella Davis and Susanna Bennett take a look at the procedural and legal framework relating to mental capacity. Capacity arises in a significant…
Personal Injury Briefing – May 2021
S 2(2). of the Occupiers Liability Act 1957 sets out the persuasively simple proposition that an occupier owes a duty to take such care as is reasonable to see that its visitors are reasonably safe when using the premises for the purposes for which they…
TATLA Newsletter – May 2021
Special Briefing: Foreign Rules in the English Courts In the post-Brexit era the courts of England and Wales have been faced with a tsunami of claims issued on the cusp of Brexit Day. A number of recent developments raise some intriguing questions about the interface…
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