Personal Injury Briefing – Abuse

2018 has started with an even greater degree of scrutiny upon abuse than ever before. Almost every corner of life is having light shone onto it in order to expose abuse. Naturally, not all allegations are meritorious, and even the dividing lines are being debated…

CN v Poole Borough Council – Briefing Note on the Decision of the Court of Appeal

CN v Poole Borough Council Briefing Note on the Decision of the Court of Appeal On December 21st 2017, the Court of Appeal handed down its judgment in CN v Poole Borough Council. This briefing note explains this decision, which is of importance to all…

Construction Negligence: an overview of 2017

The end of the year lends itself to a time of reflection, and similarly to case-law reviews. As I pick which professional – from social workers to solicitors – to focus upon, I return to that reliable source of litigation: Construction. 2017 has been another…

TATLA Briefing – December 2017

For this final Newsletter of the year we return to private international law and the issue of jurisdiction. Powerful obiter from the Court of Appeal suggests that the use of anchor Defendants (Article 8(1) of recast Brussels I) needs to be considered rather more carefully…

Property Law Briefing – Property Boundaries (Resolution of Disputes) Bill

The Property Boundaries (Resolution of Disputes) Bill (“the Bill”) has entered the committee stage of examination and debate in the House of Lords. October 2017 – Property Law Briefing – Property Boundaries (Resolution of Disputes) Bill

Property Law Briefing – Severance of joint tenancies

The law normally exists to give certainty about the effect of a person’s intentions. Nowhere is that more important than in the realm of wills and properties, where wills are construed in accordance with the intention of the deceased. Sometimes that intention is the subject…

Medical Liability Briefing – ABC v St George’s Healthcare NHS Trust

This was a tragic case in many respects. In 2007 the Claimant’s father shot and killed her mother. He was convicted of manslaughter on the grounds of diminished responsibility. He was sentenced to a hospital order under Section 37 of the Mental Health Act 1983….

Medical Law Briefing – Causation in Medical Consent Cases post-Montgomery

So far in 2017 there have been two cases which have clarified the need for claimant parties to establish causation on a conventional basis in cases where a breach of duty in respect of a clinician’s obtaining of medical consent is found proven, and the…

Travel Law Briefing – September 2017

Gastric Illness Claims The Court of Appeal handed down judgment in Wood v TUI Travel PLC [2017] 1 Lloyd’s Rep 322 on 16th January 2017. It is the first appellate authority regarding the liability of travel companies for gastric illness caused by alleged food poisoning,…

TATLA Briefing – July 2017

How do you intend to spend discount rate day next month? Following the very recent revelation that the Government may (as soon as 3rd August) be planning to say something about the shock revision of discount rates for future loss multipliers (down to -0.75%), it…

Clinical Negligence Briefing – Guidance from the High Court on Experts and Evidence

In the first half of this year the courts have provided the practitioner with some useful and practicable guidance in relation to evidence in clinical negligence cases. This briefing intends to do little more that summarise some  interesting cases, the published judgments of which, bear…

Travel Law Briefing – Bird strikes and extraordinary circumstances

The phenomenon of bird strikes is one that has plagued the airline industry for many years. Indeed, an American study on animal peril from 2011shows that 99,441 collisions between a plane and an animal had been reported since 1990. In 97.4 per cent of the…

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