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Limitation – Mossa v Wise
The cases of Mossa v Wise [2017] EWHC 2608 (QB) and Ellis v Iyer and others [2018] EWHC 3505 (Ch) show the hurdles Defendants face in seeking to successfully pursue a Limitation Defence.
Jersey States assembly scrutiny hearing on changing its personal injury law, including an increase to the discount rate
The States Assembly within Jersey is considering a change to its personal injury damages law including an increase to the discount rate which applies to personal injury awards.
Key Legal Developments Update – October 2018
Welcome to our latest key legal developments where we have highlighted the latest updates within healthcare.
Landmark Supreme Court judgment on withdrawing clinically assisted nutrition and hydration
Hempsons acted for the successful CCG and NHS Trust in today's Supreme Court judgment on when an application to Court is needed to withdraw clinically assisted nutrition and hydration
Full Steam Ahead On Changes To The Deprivation Of Liberty Safeguards
The Mental Capacity (Amendment) Bill was published on 4 July 2018. It aims to give effect, with some changes, to the scheme of Liberty Protection Safeguards recommended in the Law Commission’s Report: Mental Capacity and Deprivation of Liberty (2017).
GDPR one month on – are you compliant yet?
GDPR day – 25th May 2018 – came and went with a flurry of Privacy Notices and Policies filling our in-boxes but did everyone take stock of their data and their responsibilities or are there thousands of businesses out there who are yet to up-date their systems and processes?
Working group to lead medical manslaughter review announced by GMC
Hempsons’ Bertie Leigh joins the working group for Dame Clare Marx’s independent review into gross negligence manslaughter (and culpable homicide in Scotland) in the medical profession
GDPR – The Final Countdown!
GDPR - The Final Countdown! Are you ready for 25th May 2018? Make sure you don’t get caught out and seek legal advice to ensure your policies and procedures are robust and that your staff know and understand the new rules.
What are your obligations with The General Data Protection Regulation (GDPR) – are you going to be ready?
Certain types of personal data must be treated with particular care due to the sensitive nature of that personal data. This is of course common sense. ‘Health’ comes under what the ICO (Information Commissioner’s Office) calls the ‘special category’, making it a mandatory obligation to comply with the GDPR and more especially if you work in the health professional field.
Newsflash: New tactics required in intellectual property litigation from the Autumn
There have long been restrictions on owners of certain types of IP making “unjustified threats” of infringement action to third parties. Coupled with the fact that the maker of an unjustified threat (which could include a law firm on behalf of its client!) can face legal action, and a claim for damages; this has always been an area which requires careful consideration.
Newsflash: Employment Tribunal fees abolished
The Supreme Court has held the current fee regime for employment tribunal fees to be unlawful and prevents access to justice.
Hempsons announces partner and associate promotions
Hempsons is delighted to announce this year’s round of partner and associate promotions.
Data protection – getting it right
Dentists across the UK will be all too familiar with the Data Protection Act 1998 (DPA) but possibly not yet accustomed to the EU’s General Data Protection Regulation (GDPR) which will apply from 25 May 2018. Notwithstanding Brexit, the UK government has indicated that it will implement the new regime.
Dress codes, headscarves and discrimination
The issue of dress codes and religious clothing has featured in the news recently, following the case brought be a Belgian receptionist in Achbita v G4S Secure Solutions. The case was reported as supporting a ban on headscarves, but the actual outcome was slightly more complicated than that.