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Searching Content indexed under Trials & Appeals & Compensation by Clyde & Co ordered by Published Date Descending.
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1
Whiplash And Small Claims Reform: Medical Report Consultation Concluded
The Ministry of Justice (MoJ) has issued its response to the consultation into "Future Provision of Medical Reports in Road Traffic Accident related personal injury claims".
UK
10 Sep 2019
2
English Court Refuses To Grant An Order Restraining A Firm Of Solicitors From Acting
Glencairn IP Holdings Ltd and another v Product Specialities Inc. (t/a Final Touch) and another [2019] EWHC 1733 (IPEC)
UK
30 Aug 2019
3
Costs: Nil Damages Offer Is A Valid Part 36 Offer
The High Court recently ruled that an offer to settle for nil damages can be considered a genuine Part 36 offer and subject to the usual costs consequences.
UK
30 Aug 2019
4
Bolam, Bolitho, And Back To The Future Of Clinical Negligence
Can a doctor really be liable for being ahead of their time when treating patients?
UK
29 Aug 2019
5
On The Brink Of Privacy Class Actions In Australia: All Eyes On Pending OAIC Determination
To date, there has been a relative shortage of privacy litigation being commenced against companies and government agencies, let alone any successful class action determinations through the Courts.
Australia
28 Aug 2019
6
A Year Of Privilege
Much has been written over the past year on developments or otherwise in the realm of legal professional privilege.
UK
27 Aug 2019
7
Patient's Secret Recording Reveals Nurse's Lack Of Candour
When a medical professional is repeatedly dishonest about their interactions with a patient, is their fitness to practise impaired on public protection grounds
UK
19 Aug 2019
8
Regulatory Hearings – No Right To Remain Silent?
Sometimes it is better for a registrant not to give evidence to a fitness to practise panel. And they can do so safe in the knowledge that the panel cannot draw any adverse inferences – until now.
UK
13 Aug 2019
9
Accommodation Claims: Roberts v Johnstone Challenge To Be Handled As Test Case
The Court of Appeal has adjourned the appeal hearing of Swift v Carpenter to allow the parties to file additional expert evidence.
UK
9 Aug 2019
10
Supreme Court Widens Access For Non-Parties To Litigation Documents
In Cape v Dring [2019] EWCA Civ 1795, the Supreme Court has made clear the breadth of the courts' jurisdiction to allow third parties to access documents held by the courts in relation to litigation
UK
8 Aug 2019
11
Supreme Court: Questions Referred To European Court Of Justice On X v Kuoni
In considering an appeal resulting from the sexual assault of a hotel guest, the Supreme Court has unanimously concluded that guidance from the Court of Justice of the European Union is required.
UK
8 Aug 2019
12
Supreme Court: Guidance Given On Access To Documents For Non-Parties
The Supreme Court has confirmed the extent of a non-party's right to obtain documents used in court proceedings, and the principles to be applied when such a request is made.
UK
6 Aug 2019
13
Hacked Emails And Fraudulent Accounts – A Modern Tale
The increased digitalisation of commercial transactions has encouraged criminals to find new ways to defraud their
UK
5 Aug 2019
14
An End To The Criminal Standard Of Proof In Professional Oversight? It's Beyond Reasonable Doubt
The Legal Services Board (LSB) in England and Wales have changed the standard of proof in misconduct proceedings
UK
5 Aug 2019
15
Costs: Successful Appeal To High Court's Better Judgment On Part 36
The High Court has overturned a decision which held that the Court may apply the 'injustice' test separately for each part of CPR 36.17(4).
UK
31 Jul 2019
16
Court Of Appeal Confirms Solicitors Are Under No Duty To Alert Opponents To Their Mistakes
The Court of Appeal in Woodward and Another v Phoenix Healthcare Distribution Limited [2019] EWCA Civ 985 has unanimously dismissed an appeal against a judgment of the High Court.
UK
16 Jul 2019
17
Supreme Court Of Canada Reminds Parties Not To Chase Pipe Dreams
The Supreme Court of Canada has again confirmed that shareholders do not possess a right of action in relation to faults committed against the corporation in which they hold shares.
Canada
15 Jul 2019
18
Supreme Court Saves Otherwise Unenforceable Non-Compete Covenant In Tillman V Egon Zehnder Ltd
What happens if part of a non-compete restriction in an employment contract is too wide? Is the employee free to compete because the whole restriction can't be enforced
UK
11 Jul 2019
19
Highways Act: Root Cause Of Claimant's Injury Provides Pathway To Appeal Success
The High Court has ruled that in order for a path to be considered a highway maintainable at public expense it need not have been constructed by a highway authority for that purpose
UK
10 Jul 2019
20
British Steel Group Litigation: Request For Preliminary Hearings To Determine Limitation Refused
The High Court has refused an application by Tata Steel to have limitation tried as a preliminary issue in respect of a group action alleging historic exposure to dust and fumes at work.
UK
10 Jul 2019
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