Legal Articles

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UK Biobank

21 Oct 2019

An article published by Wellcome Open Research, titled 'Impact of Detecting Potentially Serious Incidental Findings During Multi-modal Imaging' , has noted that participants of UK Biobank Limited have been incorrectly flagged as having potential life threatening conditions and resulted in…

Clinical Negligence

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Do you want a Smart-ER visit to A&E?

18 Oct 2019

Most years the A&E wait times hit the headlines during the winter months due to the increased demand and we would expect it to be no different this winter, however Doncaster & Bassetlaw Teaching Hospitals are looking to improve the waiting times in their A&E departments with new patient…

Clinical Negligence

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GDPR Damages

17 Oct 2019

The principles on how damages are assessed are set out below: The subject matter The severity of the breach. The examples given are that breaches involving medical data or financial information will likely attract higher figures than other types of data, whereas 'social'…

Data Breach Claims

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Electronic Signatures: the new form of signing?

14 Oct 2019

Both the Electronic Communication Act 2000, which defines electronic signatures and its authentication, and the EU Regulation elDAS (Electronic Identification, Authentication and Trust Services), which seeks to standardise the use of electronic signatures, appreciate the rapid development of the digital…

Corporate

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Cause and Effect; the Anatomy of Liability

14 Oct 2019

I recently found myself at trial, facing a man who had hit himself with a sledgehammer. Not a likely basis for a personal injury claim, you might think, and you are probably right. However, somewhere along the line two things happened; the Claimant decided that it probably wasn't his fault,…

Insurance

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'Fire sales' - the pros and cons of buying out of administration

08 Oct 2019

The financial gains to be made from buying a business out of administration can be significant. However, the potential risks involved can also be just as great. For this reason, it's vital that potential buyers consider the benefits and pitfalls of undergoing such process and take advice from…

Corporate

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Carpenter loses claim after breaking his own ankle with a sledgehammer

08 Oct 2019

A Claimant who injured himself with a sledgehammer has lost his claim for personal injury at trial. The facts The Claimant had been tasked to work on a joint venture construction project by his employer, a labour-only sub-contractor. On 11th September 2014 the Claimant, who was a highly…

Insurance

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The 'digital' divorce - Is it leading to the end of more marriages?

04 Oct 2019

Since April 2018, spouses have been able to complete the divorce application process online. This means that instead of posting paperwork, those wanting to file for divorce can complete applications, upload the documents needed and pay fees online. The cost of the fee to file for divorce is £550…

Family/Divorce

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Environmental Liability

02 Oct 2019

When purchasing or leasing agricultural land, one of the main unknowns can often be the environmental condition of the land in question. Farming practices often make agricultural land vulnerable and susceptible to contamination from waste products or potentially harmful materials that are used as part…

Commercial Property

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Restrictive Covenants in Long Leases

01 Oct 2019

Shaviram Normandy Ltd v Basingstoke and Deane Borough Council [2019] UKUT 256 (LC), the Upper Tribunal (Lands Chambers). What happened in this case? Shaviram Normandy Ltd (Shaviram) was the tenant of a purpose-built office building let on a long headlease. The use was restricted to offices…

Dispute Resolution

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