Category: Medical Law
24
Nov
20
Medical Law Briefing – November 2020
Undoubtedly, 2020 has been a year where parties will have faced difficulty in progressing claims owing to the lockdown / semi lockdown state of flux we have found ourselves in. Parties will want to ...

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06
Nov
20
The “Illegality” Defence and the Supreme Court
1 Chancery Lane has long had a reputation for appellate advocacy at the highest level. Last week Andrew Warnock Q.C. and Maurice Rifat were successful in the ...

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06
Nov
20
Illegality: An Overview by Maurice Rifat
The normal role of the courts is to decide cases according to the law, and in doing so to provide a just resolution to the dispute between the parties. The illegality defence operates to prevent the ...

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06
Nov
20
Illegality in the Supreme Court: Three Lessons for Property Lawyers from Stoffel & Co v Grondona [2020] UKSC 42
Property lawyers are well-versed in the difficulties the defence of “illegality” presents. Tinsley v Milligan itself concerned whether a party could establish a resulting trust if they ...

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06
Nov
20
Illegality: A professional negligence perspective of Stoffel & Co v Grondona
As well as the very strong public interest in deterring mortgage frauds, another very important public interest was in issue in this case: that conveyancing solicitors (and by analogy other ...

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06
Nov
20
Mental health, manslaughter and the illegality defence – an analysis of Henderson v Dorset Healthcare University NHS Foundation Trust
The facts of Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 are undeniably tragic: whilst in the grip of a severe psychotic episode Ms Henderson killed her ...

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16
Oct
20
A Problem and a Swift Engagement of Revers(ionary) Gear
Following the much anticipated decision of the Court of Appeal in Swift v Carpenter John Ross QC and Thomas Yarrow provide a comprehensive analysis of the difficulties accommodation claims ...

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23
Sep
20
Clinical negligence — recent decisions and practical steps for practitioners
Personal Injury analysis: Laura Johnson, barrister specialising in clinical negligence and personal injury at 1 Chancery Lane, discusses the latest developments in relation to clinical negligence, ...

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18
Sep
20
Webinar Recording: Tackling Issues of Consent and Material Contribution in the Clinical Context
Yesterday Nicholas Yell and Lisa Dobie looked at two issues that arise time and time again in clinical negligence claims. This webinar gives an introduction and update to a) consent and b) material ...

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10
Sep
20
Medical Law Briefing – September 2020
THE HUMAN RIGHTS ACT & CLINICAL NEGLIGENCE – The Return? There are a number of clinical negligence claims against the NHS that are based upon, or supported by, alleged ...

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