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Assisted suicide, Conway and the Human Rights Act

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Catriona Stirling considers the Court of Appeal’s judgment yesterday in R (Conway) v Secretary of State of Justice. Cloisters’ Catherine Casserley was intervening on behalf of Not Dead Yet UK. The Court of Appeal yesterday handed down its judgment in the case of R(Conway) v Secretary of State for Justice , the latest in a long line of challenges br...
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4th edition of Personal Injury Schedules: Calculating Damages published

A new edition of Personal Injury Schedules: Calculating Damages has been released. The updated text will take account of developments resulting from case law since the last edition in 2010. The text covers in one single volume all that the PI practitioner needs in order to calculate damages in a personal injury case. It provides a guide to the asse...
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Discrimination compounds the pain in personal injury and clinical negligence claims

Discrimination compounds the pain in personal injury and clinical negligence claims
In this article, Sarah Fraser Butlin and Catriona Stirling consider discriminatory practices within the calculation of damages for personal injury and clinical negligence. Personal injury and clinical negligence lawyers do not tend to think about equality and diversity issues in their cases all that often. However there are several areas that are c...
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Human Fertilisation and Embryology Act Incompatible with Convention Rights

Human Fertilisation and Embryology Act Incompatible with Convention Rights
Catriona Stirling considers the case of Z (a child) (No.2) [2016] EWHC 1191 (Fam) , in which Sir James Munby, President of the Family Division, has made a declaration under s.4 of the Human Rights Act 1998 (HRA) that s. 54(1) of the Human Fertilisation and Embryology Act 2008 (HFEA) is incompatible with Article 8 together with Article 14 of the Eur...
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Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court

Cox v MoJ: Vicarious Liability Extension in Christian Brothers Case Approved by Supreme Court
By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of J...
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Mohamud: The Plates of Vicarious Liability Shift Again

Mohamud: The Plates of Vicarious Liability Shift Again
By Catriona Stirling Vicarious liability has been considered by our highest courts in a flood of cases in recent years and the law has taken another step forward with today’s judgments from the Supreme Court in the conjoined appeals of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11 (in which the appeal was successful) and Cox v Ministry of J...
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Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case

Ed Williams and Catriona Stirling represent successful appellants in the EAT in ground-breaking TUPE case
Ed Williams and Catriona Stirling appeared for the successful appellants in the EAT in the ground-breaking TUPE case of Hyde Housing Association Ltd and Others v Layton , in which judgment has now been handed down. The ET had held that, in circumstances where A’s employment with B transferred to joint and several employment with B and other employe...
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Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken

Reaney v North Staffordshire: Egg-shell skull rule does not apply where the shell is already broken
By Catriona Stirling The Court of Appeal has handed down its judgment in the case of Reaney v University Hospital of North Staffordshire NHS Trust & Anr [2015] EWCA Civ 1119.   The key issue in this case was how causation and quantum should be determined where a pre-existing injury is worsened by a Defendant’s negligence. Background Mrs Re...
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High Court rules that doctors can withdraw life-sustaining treatment from 11-year-old boy

High Court rules that doctors can withdraw life-sustaining treatment from 11-year-old boy
Linda Jacobs and Catriona Stirling , instructed by the Bar Pro Bono Unit, have represented the family of an 11-year-old boy at the hearing of an urgent application by an NHS Trust for a declaration that it would not be unlawful to withdraw the medical treatment that was keeping him alive. The child, X, ( in the case of matter of the inherent j...
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Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case

Ed Williams and Catriona Stirling seek reference to CJEU in key TUPE case
Ed Williams and Catriona Stirling will appear in the Employment Appeal Tribunal on 11 September 2015 in the case of Martlet Homes Ltd & Ors v Mr Dean Layton . This is an important case concerning the meaning and scope of the TUPE Regulations. It will determine whether there is a transfer within the meaning of the Regulations when there are mult...
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The Medical Innovation Bill rears its head once more

The Medical Innovation Bill rears its head once more
By Catriona Stirling Once upon a time, the British Medical Journal satirically asked what doctors could do if faced with a clinical problem for which there were no randomised controlled trials and no good evidence  (Isaacs, D., Fitzgerald, D. Seven Alternatives to Evidence Based Medicine. BMJ. 1999 Dec 18; 319(7225): 1618). The suggested alter...
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The tort of intentionally causing harm: will the Supreme Court’s pruning result in new growth?

The tort of intentionally causing harm: will the Supreme Court’s pruning result in new growth?
By Catriona Stirling Background The Supreme Court has handed down its judgment in the case of James Rhodes v OPO and another. The decision has, rightly, been presented as a victory for free speech, but it is also an important and interesting case from a tort law perspective. Mr Rhodes, a well-known concert pianist and author, wishes to publish his ...
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Two key legislative reforms to Personal Injury law due

Two key legislative reforms to Personal Injury law due
Two key pieces of legislation affecting personal injury and clinical negligence law, the Criminal Justice and Courts Act 2015 and the Social Action, Responsibility and Heroism Act 2015 , were given royal assent on 12 February 2015 and are expected to come into force in April 2015. Catriona Stirling , barrister at Cloisters Chambers examines th...
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Clinical Negligence and Personal Injury Round-up: January 2015

Clinical Negligence and Personal Injury Round-up: January 2015

 By Daniel Dyal

With the festive period now a distant memory, it’s time to catch up on some important recent developments. In this blog we round-up recent case law, a few of the key cases members of chambers are involved in and the Ministry of Justice’s response to the court fees consultation.

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William Latimer Sayer and Catriona Stirling appear in injury case where High Court awards record damages to English national

Judgment has today been handed down by the High Court in the case of Totham v King’s College Hospital NHS Foundation Trust, following a December 2014 trial.

Cloisters barristers, William Latimer-Sayer and Catriona Stirling represented the successful claimant, a seven year old girl from south London, who suffered serious injuries during her birth at King’s College Hospital in 2007.

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Multiple Defendants: Who to Sue?

When there are multiple potential defendants to a case, who should be sued? If you serve selectively against only one, and fail, your client loses the opportunity to gain any damages. Or the chosen defendant may succeed in arguing that it should only be partially liable for an injury, perhaps on the basis that it is a divisible injury, or that the ...
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