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News, Blog 2nd July 2024
Christopher Stead

What’s the matter? Insolvency and arbitration following Sian Participation

The presence of a generally worded arbitration agreement or exclusive jurisdiction clause applicable to the debt relied upon by a creditor bringing a winding-up petition should not lead to the stay or dismissal of the petition unless the debt is genuinely disputed on substantial grounds. The above sentence is the principle which now stands as […]

News, Blog 3rd June 2024

COVID-19, service-providers, and reasonable adjustments

Introduction The question for this post is whether (and, if so, to what extent) the Equality Act 2010 imposes obligations on service-providers (and, in particular, hospitals and healthcare providers) to provide adjustments for disabled persons in light of the on-going COVID-19 pandemic. In particular, this post considers whether such service-providers may be obliged to upgrade […]

News, Blog 30th April 2024
Antonia Ford

The basic art of the perfect bundle

The provision and content of a bundle can make or break a trial. That might sound overly dramatic for something which on its face is a purely administrative task but a well-constructed and tactically considered bundle can make all the difference. A perfect bundle allows the advocate to seamlessly direct a Judge or witness to […]

News, Blog 8th March 2024
Imogen Robins

International Women’s Day 2024 – Legally Flushed Newsletter

Dear Legally Flushed Community, As we celebrate International Women’s Day #Inspireinclusion, I thought I would send our first newsletter. It has been a remarkable year for Legally Flushed. As we all know, Legally Flushed stands as a testament to our shared commitment to enhancing the professional lives of women and their allies. Our driving force […]

News, Blog 4th March 2024

Secondary victim claims following Paul v Royal Wolverhampton NHS Trust

The Supreme Court’s judgment in the case of Paul and another v Royal Wolverhampton[1] has, by a majority, but with a persuasive dissenting judgment from Lord Burrows, considerably reduced the pool of individuals who can bring their own claim as a ‘secondary victim’ in medical negligence cases. The Court ultimately determined that an accident, or […]

News, Blog 13th February 2024
Antonia Ford

When is relief not relief?

Relief from Sanctions applications continue to take up a disproportionate amount of court time both in the lower Courts and on appeal. It is rare for a week to go by without some aspect of CPR 3.9 and Denton and others v TH White Ltd and another [2014] EWCA Civ 906 (Denton) being the subject […]

News, Blog 7th December 2023
Domestic Abuse during COVID-19

The Devil is in the Detail: A Summary Examination of the Consequences of Clerical Errors in the Magistrates’ Court Following the Case of R v Clark [2023] EWCA Crim 309

The Court of Appeal (CA) in R v Clark [2023] EWCA Crim 309 was faced with what seemed to be a fairly trivial issue – what happens when a clerical issue occurs on the Sending Sheet in the Magistrates’ Court (MC)? In Clark, the appellant was charged with two either-way offences, namely, ABH and breach […]

News, Blog 6th December 2023
Domestic Abuse during COVID-19

Does the on-going COVID pandemic raise issues under the Equality Act 2010?

NOTHING IN THIS ARTICLE IS INTENDED TO PROVIDE LEGAL ADVICE. All cases turn on their facts, and none of the below commentary is a substitute for formal legal advice. This post is concerned with the obligations which potentially fall on employers, schools, hospitals, universities, etc. insofar as they relate to the on-going pandemic. Note that […]

News, Blog 10th November 2023

Get up to speed – what you need to know in summary about the upcoming amendments to the Equality Act 2010

WHAT HAS BROUGHT ABOUT THE CHANGE? The Equality Act (“EqA”) 2010 (Amendment) Regulations 2023 (“the Regulations”) will amend the EqA 2010 to protect certain rights against discrimination derived from EU law, so they are not lost by the Retained EU Law (Revocation and Reform) Act 2023. WHEN DO THE REGULATIONS COME INTO EFFECT? 01 January […]

News, Blog 3rd November 2023

Fathers without PR – Where do they stand? Re S (A Child) [2023] Civ 706

As public law practitioners we are rarely tasked with really delving into the law relating to fathers without parental responsibility. It is common knowledge (although not necessarily logical) that a father without PR is not an automatic party to proceedings involving his child.  They are, however, entitled to be given notice of the proceedings and […]

News, Blog 19th October 2023

You Can’t Lose What You Never Had: Ali v HSF Logistics Polska SP Zoo

In March 2019 Pump Court’s Antonia Ford published an article on Shadbolt v Stefanatica (unreported), in which the Claimant’s illegal act of failing to renew his vehicle’s MOT licence for some three months, was found not to have reached the threshold for rendering a credit hire claim unrecoverable on public policy grounds pursuant to the […]

News, Blog 15th September 2023

Interim Payments – The Low-Down (including some practical tips)

WHAT IS AN INTERIM PAYMENT? An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the […]

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