Application raising novel point about what the Court should do when the Official Solicitor concludes that he can no longer continue to act as litigation friend for a protected party… Read more »
Wide ranging implications on the meaning of deprivation of liberty under Article 5 ECHR.
Appearing in the Court of Appeal for the successful appellants in this important case on the relationship of the law of nuisance and statutory pollution control. The judgment of the… Read more »
In two interlocutory appeals by a sub-sub-contractor challenging decisions refusing to grant summary judgment or strike out claims brought against it in two actions concerning allegations of negligence, it was… Read more »
The Tribunal gave inadequate reasons for its decision not to discharge the patient; this decision was set aside and a re-hearing directed. In principle, and in this case, it would… Read more »
Definition of “futile” within MHA Code Of Practice.
Acted for the Claimant as sole counsel at Inquiry and as junior to Richard Harwood in the High Court. The Court of Appeal has granted leave to appeal against the confirmation of 2 modification orders in respect of planning permission for landfilling waste at Hafod Quarry, Ruabon. Succeeded in obtaining a declaration in the High Court that Directive 85/337 on the EIA of public and private projects has not properly been transposed into UK law.
A judge was entitled to find that there were too many imponderables as to the appellant’s likely pattern of future earnings and that in the circumstances a lump sum award for future loss of earnings (on the basis set out in Blamire v South Cumbria HA  PIQR Q1) was appropriate rather than the conventional multiplier/multiplicand approach. The issue of whether the appellant was to be regarded as disabled was not the determining factor on whether or not the Ogden tables were to be used to calculate loss of future earnings.
A TCC claim arising out a catastrophic flood caused by various construction defects. The first authoritative English law case on the test for causation where there are two independently sufficient causes of the same damage.
The court terminated an interim suspension order made under the Dentists Act 1984 s.32(4) against a dentist convicted of conspiracy to defraud.