The law in respect of clinical negligence is complex and requires the skill and judgment of an experienced solicitor if viable claims are to be run and won.
Government's proposals to greatly reduce the capability review period for underperforming school teachers
As I was stuck in traffic on my way to work last Friday (Friday the 13th was living up to its billing) I overheard a piece on the radio that caught my ear. The Government was to announce measures that would mean “bad” teachers could be sacked within a term. Let the battle commence. In the blue corner we had Michael Gove telling us how it was not right that bad teachers are tolerated for so long. In the red corner we had Christine Blower (General Secretary of the National Union of Teachers) telling us how this was potentially a Bully’s Charter.
The Law Commission has recommended changes to the law affecting unmarried cohabiting couples when one of them dies. These proposals have been a long time in the making but the Government has not yet indicated when it will respond to the recommendations. It should be noted that last autumn the Government rejected the Law Commission’s previous proposals giving unmarried couples property rights when they separate.
The UK is once again bracing itself for the possibility of a double-dip recession after disappointing Christmas sales were announced by high street retailers. It has been suggested that 2012 will see a Europe-wide recession with the possibility of a number of countries leaving the eurozone; but are the recent decisions of the judiciary assisting in the struggle to re-vitalise the economy or hindering it?
Loss of congenial employment is a relatively new head of damage and one that is often not pursued despite good evidence being available
Products that fall short of standards can have a harmful effect on our health and wellbeing
If you do not advise your client about setting up a personal injury trust into which to pay the compensation monies, you could face a negligence action
Employers should consider carefully the potential cost of breaches of health and safety, not only to their reputation but also their balance sheet
Personal injury claims for stress fall into two broad categories. The first category comprises of cases where the claimant becomes ill due to, for example, working long hours or is inadequately trained. These cases could be termed as pure stress at work.. The second category of cases are bullying or harassment claims
Article written by Andrew Olins for the RICS Commercial Property Journal (September/October 2008)
A recent decision by the Lands Tribunal sends out a clear signal to objectors
Landlords would be well-advised to consider whether to accept a parent guarantee from an incoming tenant or whether alternative security, for example a rent deposit, is to be preferred
Bellway Homes recently discovered that there is no statutory protection guarding against the mis-use of priority searches
An objector whose predominant motive in opposing proceedings for the modification or discharge of restrictive covenants is the extraction of a large sum of money, can be at risk on costs
The established law on adverse possession in relation to registered land has come under attack in recent years
Andrew Olins, Commercial Property Litigation partner with IBB who acted for CGU in this matter, reports on the significance of the case
The types of security that a landlord can take if there are doubts about the tenant’s financial strength when taking a commercial lease.
Can landlords recover rent from their tenant’s administrators for occupying or using their leasehold property?
This is the first of our new e-bulletins designed to keep you up to date with the latest developments in the sector and provide you with a roundup of recent changes to the law as well as focusing on key developments expected this year.
Charity law has long been criticised for being fragmented and hard to follow. For the last five years, the Law Commission has been working hard to simplify and consolidate existing charities legislation. After several attempts to get the new consolidated Charities Bill through Parliament, it finally received Royal Assent on 14 December 2011, becoming the Charities Act 2011.
Part of the IBB Charities team 5 minute guide to... series, this briefing looks at the vetting and barring scheme. The Scheme requires that those who work or volunteer with children or vulnerable adults and carry out “regulated” or “controlled” activities on a frequent, intensive or overnight basis, must register with the Independent Safeguarding Authority.
This paper considers how compensation claims are calculated for people who have suffered injuries as a result of negligence or an accident.
A recent case on termination of agency has highlighted the extent to which abusive behaviour can be a fundamental breach of contract justifying termination of agency without the need to compensate the agent under the Commercial Agents (Council Directive) Regulations 1993 (“the Regulations”).
In the same week as the Government delivered its report, following a Whitehall-wide review of the operation of health and safety laws, the Court of Appeal, in Threlfall v Hull City Council  EWCA Civ 1147, dealt with the practical implications of risk assessments.
The recent decision in HKRUK II (CHC) Ltd v Heaney has emphasised the risk to developers of progressing their construction works without first resolving issues with neighbours who claim that the development will effect their right of light.
In July 2010, the new coalition government’s Employment Relations Minister, Edward Davey, announced his intention to review the Agency Worker Regulations 2010, due to various concerns of the business community. He has now announced that the government will not be amending the Regulations before they come into force in October 2011.
Malcolm Underhill, specialist personal injury solicitor and member of the Association of Child Abuse Lawyers, comments on the most recent judgement of the Court of Appeal, in this developing area of civil law.
The Court of Appeal, in its most recent pronouncement on child abuse law, has limited the extent to which organisations may be liable for the physical and sexual misconduct of its members.
This article originally appeared in the Law Society Gazette, in December 2010.
Coupling costs reform with legal aid cuts could cause calamity for clinical negligence claimants, argues Malcolm Underhill.