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Monthly Archives: January 2021
John Brown of Farrar’s Building is Appointed to the RFU Disciplinary Panel
From January 2021, John Brown will sit in London as a Rugby Football Union Judicial Panel Member at disciplinary hearings involving both on and off-field conduct at Levels 1-5 of the game. Click here to read more about John’s practice.
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‘Lost years’ loss of earnings – Substance over form
In Head v The Culver Heating Co Limited [2021] EWCA Civ 34 the Court of Appeal has clarified the approach to claims for ‘lost years’ loss of earnings from a business owned and operated by the claimant. The Court held that the substance of earnings mattered over their form such that dividend income was, on […]
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Limitation, Section 33 and Prejudice: Death of a Surgeon
The recent case of Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) is an interesting appeal against a decision under s.33 of the Limitation Act 1980 (‘LA 1980’) to allow a clinical negligence claim to proceed some 18 years out of time in circumstances where the allegedly negligent operating surgeon had […]
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“I can’t breathe”: Jury find system wide failures contributed to death of Kevin Clarke
Kevin Clarke was 35-year-old black man who died after being restrained by police in Lewisham, South London, on 9 March 2018. Mr Clarke had suffered from paranoid schizophrenia since the age of 17 and at the time of his death was experiencing a mental health episode. On the day of his death, residential support workers […]
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Volenti non fit injuria in OLA 1957 cases considered by the Court of Appeal in The White Lion Hotel v James
In the recent decision of the Court of Appeal in The White Lion Hotel v James [2021] EWCA Civ 31 Lady Justice Nicola Davies gave the leading judgment of the Court of Appeal, to which both Laing LJ and King LJ agreed. Tom Bourne-Arton considers the effect on Occupiers’ Liability. The claim involved a fatal […]
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Geoffrey Williams QC Succeeds at Solicitors Disciplinary Tribunal for Solicitor Charged with Multiple Acts of Dishonesty
Geoffrey represented a Solicitor, Mr K at a hearing at the Tribunal between 5th and 9th October 2020. Mr K had been accused of four acts of misconduct all of which had been put as examples of dishonesty and lack of integrity. The case arose out of civil litigation between the new owners of a […]
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Civil Legal Aid: Amendments to Eligibility Criteria
On 7th January 2021 the Legal Aid Agency announced changes to the civil legal aid eligibility criteria, to ensure that recipients of payments from specific compensation schemes are not disadvantaged when applying for legal aid. The announcement can be found here. Background The rules concerning financial eligibility for legal aid are set out in section […]
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Dangers of Ineffective Service – Claim Form Guidance
Introduction A recurring theme in procedural judgments is the serious consequences of failures in respect of service of the claim form. In a recent case (Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd & Ors [2020] EWHC 3399 (Ch)) Mr Justice Morgan denied the claimants’ various applications for relief and held that their […]
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