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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…
Professional Negligence Briefing – Balancing probabilities and loss of a chance
It’s trite law that claims for lost litigation opportunities are treated as claims for a lost chance. Similarly, the claimant has to prove his case on the balance of probabilities. But how do these two propositions interact? And where should the line be drawn between…
Professional Liability Update – Construction negligence
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…
Professional Negligence Briefing – Protecting buyers from identity fraud
Who bears the loss if you buy property but then find out that you have dealt with a fraudster? In three recent cases the courts have found that the seller’s solicitor, the buyer’s solicitor and the buyer themselves could be the party that suffers the…
TATLA Briefing – February 2017
I am afraid that, having resisted BREXIT for most of last year (if we pretend the referendum didn’t happen, it might just go away …) we have now decided to add our own editorial to the deafening echo chamber of BREXIT opinions. However, we approach…
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