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Case review 28/07/2021
Supreme Court warns on enforceability of solicitors’ undertakings given by incorporated legal practices
Last week, the Supreme Court handed down judgment in Harcus Sinclair LLP (Harcus Sinclair) v Your Lawyers Ltd (Your Lawyers) [23.07.21], allowing Your Lawyers’ appeal against a decision of the Court of Appeal that the non-compete clause within a non-disclosure agreement between them was unreasonable as a restraint of trade. The decision clarified the approach to be taken in assessing the legitimate interests of the beneficiary of the restraint.
Since the decision of Master Davison in Mustard v Flower , there has been uncertainty in relation to the approach to the recording of neuropsychological assessments in the medico legal context.
Civil Justice Council interim report on resolution of small claims: current practice and future changes
The Civil Justice Council’s interim report – ‘The Resolution of Small Claims’ – was published in June 2021. The report considers the changes to the way in which small claims have been processed by the courts during the pandemic and how these adaptations could be taken forward to improve the way such claims are handled and resolved.
Case review 27/07/2021
Negus and Bainbridge v Guy’s and St Thomas’ NHS Foundation Trust [19.03.21] - This claim concerned an aortic valve replacement and whether the patient should have been provided with further information in respect of the valve sizes available to be inserted and possible associated treatments.
In this article, we consider the definition of Functional Neurological Disorder, how it is treated and what such a diagnosis means for personal injury claims handling.
Case review 22/07/2021
In the case of Chouza v Martins & Ors [22.06.21] the High Court was asked to examine a number of principles in a fatal accident claim.
Today, stage four of the UK Government’s roadmap has been reached, resulting in all legal restrictions and requirements to socially distance coming to an end.
A recent decision by the Supreme Court of New Jersey has clarified the duty of commercial landowners to clear ice and snow from their property during a storm.
Kennedys has appointed partner Andrew McGahey as regional managing partner for EMEA following a global structure review. Andrew, who is the managing partner of our Dublin office, joined Kennedys in 2018 as part of a broader team hire from US firm Mayer Brown in London.
Kennedys continues to deepen its bench of offerings with the addition of partner Judith A Selby to its New York office.