Publications by Area of Law


Case note on failure to inform patient of diagnosis; C v County Durham & Darlington NHS Foundation Trust [2018]

Barrister: Justin Valentine
Area of Law: Clinical Negligence
Date: October 2018
Summary:Justin provides readers with a case note focussing on application of Montgomery to inadequate but non-defective administrative systems in the context of failure to diagnose Crohn’s Disease/failure to inform patient of diagnosis.

Download article: Case note on failure to inform patient of diagnosis

Relief from sanctions after Denton: A Summary of cases

Barrister: Rachel Segal
Date: 11th September 2018
Summary: Rachel has updated the latest edition of the Denton Resource which charts judgments on relief from sanctions following the Court of Appeal’s decision in Denton v White [2014] EWCA Civ 906. This resource summarises, in at-a-glance format, over 150 post-Denton cases. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied, and is intended to help the reader decide whether to investigate the full judgment. Read more.

Download: Denton Resource September 2018

Relief from sanctions after Denton: A Summary of cases

Barrister: Rachel Segal
Area of Law: Personal Injury
Date: 11th September 2018
Summary: Rachel has updated the latest edition of the Denton Resource which charts judgments on relief from sanctions following the Court of Appeal’s decision in Denton v White [2014] EWCA Civ 906. This resource summarises, in at-a-glance format, over 150 post-Denton cases. It will be of interest to practitioners in all fields of civil litigation dealing with applications where the three-stage Denton approach is to be applied, and is intended to help the reader decide whether to investigate the full judgment.

Download: Denton Resource September 2018

Financial remedy update – June 2018

Barrister: Christopher Sharp QC /Sophie Smith-Holland 
Date: 1st June 2018
Summary: The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from February – May 2018. Sophie Smith-Holland assisted Christopher Sharp QC on this article.

Download: Financial remedy update June 2018

Financial remedy update June 2018

Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Source: FLBA’s Family Affairs: May 2018
Date: 12th June 2018
Summary:  The article continues Christopher’s regular reviews of the more important recent financial remedy cases, this one covering the period from February – May 2018.

Download article: Financial remedy update June 2018

Losing out on the lost years

Source: New Law Journal 
Barrister:
David Regan
Area of Law: 
Personal Injury
Date: 11th May 2018
Summary: David Regan, has written an article for the New Law Journal titled ‘Losing out on the lost years’ in the 11 May 2018 issue. The article reviews the developing law on claims for earnings for lost years, and the likelihood that the Supreme Court would allow children to make such claims.  This would have a significant impact on all claims for children whose lives are shortened by negligence.

Download article: Losing out on the lost years

Practical case note about shoulder dystocia in the case of G v NHS Commissioning Board

Barrister: Justin Valentine
Area of Law: Clinical Negligence
Date: May 2018
Summary: Justin has published a case note about the recent case of G v NHS Commissioning Board, focussing on (i) Erb’s palsy with potentially posterior shoulder dystocia and (ii) NHS resolution approach to settlement.

Download article: G v NHS Commissioning Board

Transparency in the Family Courts – Publicity and Privacy in Practice

Source: Bloomsbury Professional
Barrister: Lucy Reed
Area of Law: Children
Date: 26 April 2018
Summary: Lucy alongside an author team from The Transparency Project have written a book titled ‘Transparency in the Family Courts – Publicity and Privacy in Practice‘, printed by Bloomsbury Professional. The foreword is written by Sir Andrew McFarlane, the incoming President of the Family Division, and is essential reading for family law practitioners in private practice, local authorities and other public bodies, as well as media lawyers, journalists and social workers.

Transparency in the Family Courts Publicity and Privacy in Practice clarifies what transparency means in practice for professionals and families involved in the family courts, and provides guidance on privacy in family law cases and their reporting in the media. This new title provides full coverage of the implications of the 2014 Guidance on publication of judgments and much more.

“With the publication of this work, there will be no need to look elsewhere for an account of the law relating to transparency in family proceedings and this will rapidly become the ‘ go-to ’ book on the subject, not just because it is the only one but because of the comprehensive, clear and insightful nature of its coverage.”
Sir Andrew McFarlane

The team of authors include Julie Doughty, a Lecturer in Law in the School of Law and Politics at Cardiff University, and Paul Magrath, a Barrister with the Incorporated Council of Law Reporting for England and Wales.

  • Order your copy of the book and receive 15% discount here
  • Read the foreword Andrew McFarlane here.

 

Can a mirror will be changed?

Barrister: John Dickinson
Area of Law:  Wills, Trusts & Tax
Date: October 2017
Source: Trusts and Estates Law & Tax Journal
Summary: John Dickinson assesses whether a proprietary estoppel
solution can replace the need for a binding contract.

Download article: Can a mirror will be changed?

Pensions Advisory Group’s interim report and consultation

Barrister: Christopher Sharp QC
Area of Law: Family Finance, ToLATA and Inheritance
Source: Pensions on Divorce Interdisciplinary Working Group
Date: 19th April 2018
Summary:  Christopher Sharp QC (a member of the Pensions Advisory Group) outlines the nature of the new interim report and consultation launched by the PAG on 18th April 2018.

In 2014 Cardiff University’s Nuffield Foundation funded paper ‘Pensions On Divorce: an empirical study’ provided a detailed investigation into how pensions are actually dealt with in financial remedy cases. It found that the use of pension orders was much less than the government had expected (of the 369 court files studied, 80% revealed at least one relevant pension and yet only 14% contained a pension order) and that off setting pensions against non-pension assets was the most commonly used solution. However, it also found that the economic rationality of that approach, the methodology employed and the fairness of the outcomes it produced was far from clear. An example of the unsatisfactory nature of the arguments deployed in such cases can be seen in the case of WS v WS [2015] EWHC 3941 (Fam) which also highlighted the problems where no expert evidence was available. Another example of the Court being unassisted by expert evidence was seen in the series of decisions in Goyal v Goyal. Case law is neither consistent nor very helpful. Most reported cases involve very substantial sums and as a consequence are sometimes of limited assistance in the more mainstream case where funds are more modest.

The Nuffield Foundation has now published the report of an interdisciplinary working group The Pensions Advisory Group (the PAG) which was set up to address these issues, the object being to improve the practice of dealing with pensions on divorce and to assist those divorcing couples who are not fabulously wealthy but nevertheless hold pensions of some value. The PAG is a multi-disciplinary working group jointly chaired by Francis J and HHJ Edward Hess with the support of the Family Justice Council and the President of the Family Division. Its report is entitled ‘Pensions on Divorce Interdisciplinary Working Group’.

The report can be found here: www.nuffieldfoundation.org/pensions-divorce-interdisciplinary-working-group

The intention is to promote feed back by way of wide consultation. The report is divided into two parts. First there is a section entitled “Legal Issues: draft guidance for consultation”. This seeks to set out the law as the PAG see it, to provide information to assist in understanding the issues raised in pension cases and to suggest good practice.

Second there is a section entitled “Valuation and Expert issues: Draft guidance for consultation” The purpose of this part of the report is to consider best practice in respect of the treatment of pensions in divorce proceedings, and to report on any consensus reached among a wide range of experts and lawyers as to how the valuation of pensions in divorce cases should be approached. The aim of this section of the PAG report is to enable a more standardised approach across experts and cases, ensuring better consistency in outcomes for divorcing parties and making these more predictable for individuals, lawyers, experts and judges. The report also considers the circumstances in which it might be beneficial to engage the services of Pensions on Divorce Experts (PODEs).

The report is the result of extensive work and discussion by a large group of experts from a broad range of backgrounds with the immense assistance of Hilary Woodward of Cardiff Law School. It is hoped that it will prompt wider discussion and feedback so that some authoritative guidance can be issued to assist with this difficult area of financial remedy work.

Anyone with involvement in this area of work is encouraged to respond to the consultation.


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