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Capacity and serious medical treatment
Capacity and serious medical treatment: University Hospital Coventry and Warwickshire NHS Trust v K & Mrs W Introduction This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”. An urgent application was brought to […]
Murder, Manslaughter and the Court of Public Opinion
Following the verdict of manslaughter returned against three defendants for the killing of PC Andrew Harper, news broke on 29th July 2020 that his widow had written to the Prime Minister to ask for a retrial after the jury failed to convict the three of murder. In the now infamously tragic case, PC Harper, a […]
Misuse of private information: A tort in its infancy
There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12[1]. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11[2], and also […]
The Magnitsky Act in the UK – A summary
Who was Sergei Magnitsky? Sergei Magnitsky, whose name is associated with laws implemented to impose sanctions on abusers of human rights, was a Russian tax advisor who died in police custody in 2009. He was arrested and charged on allegations of tax evasion after accusing Russian tax officials of defrauding Hermitage Capital Management, an investment […]
A Local Authority v JB [2020] EWCA Civ 735
In this recent decision the Court of Appeal has arguably reset the last 15 years of jurisprudence surrounding P’s capacity in regards of sexual relations. The previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Traditionally the ‘information relevant’ analysis took a […]
Holiday rights in the Coronavirus Pandemic
As we approach the summer, the ongoing risks and restrictions caused by the Coronavirus pandemic have meant that many of us have seen our dreams of a foreign holiday melt like a dropped ice-lolly. Consequently, the rights of would-be travellers to refunds and/or compensation for now redundant pre-booked holidays and cancelled flights continue to be […]
Capacity: Where now for the ‘Golden Rule’?
You could not make it up! Lord Templeman, the creator of the Golden Rule in his decision in Kenward v Adams (1975) The Times 29 Nov, died in 2014. He executed his last will in August 2008. He left nothing to his son Michael Templeman or his daughter in law Lesley Templeman and they challenged […]
The practical application of Practice Direction 51Z; Issues that may arise
Following the analysis by my colleague, Alice Scott, of Practice Direction 51Z a recent case from the Court of Appeal has tested the legality of PD 51Z, Arkin v Marshall (2020) EWCA Civ 620. This was a possession case to recover properties which were security for mortgage loans for which the Claimant contended sums were […]
Commercial Leases & Insolvency – An Overview
With many businesses large and small struggling to survive or collapsing into administration or liquidation landlords are particularly vulnerable to rent arrears and the difficulty of finding a suitable tenant to replace the existing. The following is an overview of what steps a landlord can take in this uncertain world. Remedies Available to a Landlord […]
Skyping the Court of Appeal
Six Things I Learned dealing with an appeal against sentence during the pandemic: Court of Appeal Judges look infinitely less severe/frightening/impressive in “normal business attire” than when in full horse-hair and robed regalia. This sensation is further heightened when the designated High Court Judge giving the judgement of the court is the one in the […]
Technology – A lawyer’s Best Frenemy?
Following the covid-19 outbreak, courts have been forced into an alternative way of working. With the country in lockdown and people ordered by the government to work at home, the courts along with businesses have been transferred into the digital realm. While jury trials have had to be postponed, with only existing cases at the […]
Domestic abuse during Covid-19 times
Domestic abuse was a problem already in urgent need of addressing pre-pandemic. The global crisis we are now experiencing has only worsened that issue. Widely-reported statistics include: Refuge’s National Domestic Abuse Helpline has seen a consistent increase in demand of 50% since lockdown measures announced (4th May press release) Traffic to many prominent domestic abuse […]
