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The Government’s attempt to remove civil liability for breaches of health and safety regulations suffered a major setback this week when the House of Lords voted down the proposed amendment to the Health and Safety at Work Act which would restrict injured employees to bringing claims against their employers in negligence.   Previous entries on


As regular readers will recall, the Health and Social Care Act (HSCA) 2012 received Royal Assent on 27 March 2012. Many of its key reforms take effect on 1 April 2013.   The HSCA has attracted strong opposition from the medical profession. Richard Horton, editor of The Lancet, warned in March 2012 that “people will


At the heart of an application for pre-action disclosure (“PAD”) in a prospective case where there is no issue as to the correct parties being implicated, is a bifurcated test. The first element consists of a jurisdictional test: would the documents sought fall within standard disclosure? The second element consists of a discretional element: is


Is it just me or should we all be concerned about the way in which the legislation to implement Lord Justice Jackson’s recommendations is being introduced?       Why have there been so few announcements about what are, after all, radical and far reaching public policy changes? If we as legal professionals are unsure about


In re L and Anor (Children) (Preliminary Finding: Power to Reverse) [2013] UKSC 8 the Supreme Court considered the circumstances where a judge was entitled to depart from such a preliminary judgment or ruling. Whilst the underlying facts of this case being appealed related family proceedings, however Supreme Court’s ruling is very likely to be


In Summer 2009, Godstone Farm, a petting farm, became the source of a serious outbreak of E Coli 0157. Many children who visited the farm became ill, a number seriously, and some continue to suffer from long-term health problems. The children sued the farm in negligence, for breach of the Occupiers’ Liability Act 1957, and


What do you have to do to ensure that Parts 43 to 48 of the existing rules continue to apply to CFAs entered into before 1st April 2013? Do advocacy or litigation services have to be provided before 1st April 2013 or not?   For the existing rules to continue to apply to CFAs entered


I have a rather boring relationship with my accountant,  I tell him how much money has come in and he tells me how much I have to give to the nice men at the Revenue; not for me the complex off-shore trust or some other interesting tax minimisation vehicle.  As such I’ve never received (or


The conclusion of a recent Study undertaken by Robert Hunter, heads of trusts litigation at Herbert Smith and Dr Claire Royston, a consultant psychiatrist and medical director of Four Seasons Health Care, should serve as a stark warning for practitioners in this area. Its conclusion has been that it has found solicitors lacking when making


The Civil Procedure Rule Committee has published CPR amendments due to come into force on 1st April 2013. Some of the key provisions for PI practitioners are as follows:-   Amendment to the Overriding Objective The overriding objective will become not just “to deal with cases justly” but also “at proportionate cost”; and the definition


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