Conflict of Law. A father's application to stay proceedings concerning his child, that had been brought by the child’s mother (in England) was stayed since those proceedings involved the same cause of action and the same parties as earlier proceedings that the father had issued in Italy. There was no aspect of the doctrine of forum conveniens upon which the court could properly rely.
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Addition of parties under CPR Part 19. A company's application to be joined to an action as a Claimant after expiry of the limitation period was dismissed as there had not been a qualifying mistake within the meaning of CPR r.19.5(3)(a) and it was not the case that the whole claim could not be continued without the joinder for the purposes of the test of necessity in CPR r.19.5(3)(b).
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Liability for oxygen starvation at birth- ‘But For’ test. A hospital Trust was liable for the severe brain damage that the Claimant sustained during her birth due to oxygen starvation, as that damage would not have occurred but for a 20-minute delay in arranging an emergency caesarean section. This delay had been caused by breaches of the duty of care.
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A was a consultant orthopaedic surgeon. R was a mutual socity which amongst other things provided advice and assistance to its professional members in relation to professional questions and problems. A had availed himself of this advice, including in relation to complaints which had been made against him, but had never been subject to a professional negligence claim. R had carried out a risk assessment review on the basis of A's 'track record' and a decision had been made to terminate his mem ...
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The issue in this case was whether the registration of a doctor as able to do NHS work (under the National Health Service (Performers Lists) Regulations 2004) was a possession within Article 1 of Protocol 1 to the European Convention, which is one of scheduled rights to the Human Rights Act 1998. The context was a decision to suspend his registration from the authorised medical performer’s list (which meant that he could no longer be paid for services to NHS clients). In judicial review proceedi ...
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PROFESSIONS – HUMAN RIGHTS. Suspension under National Health Service (Performers Lists) Regulations 2004. The unlawful suspension of a doctor from the medical performers list pursuant to the National Health Service (Performers Lists) Regulations 2004 did not amount to or give rise to a deprivation of a possession so as to engage the European Convention on Human Rights 1950 Protocol 1 Art.1.
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ADMINISTRATION OF JUSTICE. Human Rights – Inquests. The Court of Appeal had erred in concluding that, by virtue of the Human Rights Act 1998 s.3, the Coroners Act 1988 s.11(5)(b)(ii) has had, since the coming into force of the 1998 Act, to be interpreted to require an inquest complying with the United Kingdom's international obligations under the European Convention on Human Rights 1950 Art.2, no matter when the death occurred.
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The claimants’ appeal was dismissed. The novel “The Da Vinci Code” (DVC) did not infringe any copyright in the claimants’ book “The Holy Blood and the Holy Grail” (HBHG). The judge had been correct to conclude that what had been taken from HBHG amounted to generalized propositions at too high a level of abstraction to qualify for copyright protection. The judge had been entitled to find that whatever elements may have been copied from HBHG, and even if this included the ‘central theme’ of HBH ...
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When allowing a prosecution appeal against the grant of bail, crown courts must take note of s.128A Magistrates’ Court Act 1980 in respect of remands in custody for more than 8 days.
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Recovery of the cost of hiring a replacement vehicle. When assessing damages for the cost of hiring a replacement car following a road traffic accident, the judge had misdirected himself and had erred in holding that a Claimant had failed to mitigate his loss by hiring an equivalent car instead of a cheaper vehicle.
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