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News & Events

2016

Thom Dyke appointed to the CPS rape list

Thom Dyke has been appointed to the CPS’s specialist list of approved counsel, who are permitted to prosecute rape and serious sexual offences.
Thom is a Grade 3 panel advocate for the CPS and specialises in prosecuting and defending in serious…

Stuart McKechnie settles large 7 figure paraplegia claim

Stuart McKechnie has achieved a large 7 figure settlement for claimant, Kirsty Stitson, who sustained a L1 spinal fracture and spinal cord injury, at level T10 when she was struck by a sizeable piece of falling masonry.
Stuart was led by…

Tom Mountford examines the case of Dean & Chapter of Rochester Cathedral v Leonard Debell [2016] EWCA Civ 1094 CA (Civ Div) (Hallett LJ, Elias LJ)

In this recent case the Court of Appeal examined the correct application of the reasonable foresee-ability of harm test in cases of occupiers liability.

The decision at first instance

The defendant cathedral appealed against a finding of liability for negligence made by…

The need for “proper dialogue and communication between adviser and client” in the context of investment advice

In O’Hare v Coutts & Co [2016] EWHC 2224 (QB) (a non-medical claim) the High Court declined to apply the traditional “Bolam test” (see Bolam v Friern Barnet Hospital Management Committee [1957] 1 WLR 582). Instead the standard of care to be applied regarding…

NHSLA announce new Mediation Panel

The NHSLA have announced their new panel of providers of mediation services for the next 2 years. Trust Mediation (www.trustmediation.org.uk) join CEDR (www.cedr.com) as clinical negligence mediators and they are joined by CADR(www.costs-adr.com), who specialise in costs disputes.

Andrew Ritchie QC argues on security concerns heard ahead of Tunisia inquest

Andrew Ritchie QC, who is representing some of the victims’ families in the Tunisia terrorist attack inquest, argued that “a full and fearless investigation” required a policy of openness. “Particularly in this context where we have UK citizens travelling abroad and accepting…

Review announced of discount rate for PI damages

The Lord Chancellor has announced that the discount rate is to be reviewed and the result to be announced on 31st January 2017. The press release is instructive and is set out in full below:

The Lord Chancellor is today undertaking to…

Laura Hibberd examines Eaglesham v Ministry of Defence [2016] EWHC 3011 (QB)

Eaglesham v Ministry of Defence [2016] EWHC 3011 (QB) – Defendant’s application for extension of time for compliance with unless order and relief from sanctions refused.
This was an application by the Defendant for an extension of time for compliance with…

Laura Briggs examines Re W (A Child) [2016] EWCA Civ 1140

Re W (A Child) [2016] EWCA Civ 1140
This case includes a relatively rare finding by the Court of Appeal that a Deputy High Court Judge had committed a breach of the Article 8 rights of two individuals, a social worker…

Court of Appeal holds that defendants may owe a duty to safeguard their employees’ reputations when conducting litigation

In a remarkable decision with far reaching implications, the Court of Appeal held that the Metropolitan Police Commissioner had arguably owed and breached a duty of care to police officers when he settled a claim a brought against him, vicariously, for an…

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