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The -0.75% discount rate

The -0.75% discount rate
When it finally came, the announcement of the discount rate reduction was no damp squib. The differentials will be dramatic: for example, the loss of earnings multiplier to retirement age 70 for a 25 year old man will almost double, from 26.4 to around 51.33 (before applying the non-mortality discount factors). I am not ashamed to admit that my own...
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Robin Allen QC and Joel Donovan QC elected as Joint Head of Chambers

Robin Allen QC and Joel Donovan QC elected as Joint Head of Chambers
We are very pleased to announce that Robin Allen QC and Joel Donovan QC have been elected Joint Heads of Chambers. We congratulate them and wish them the best for their term of office.

Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators

Robin Allen QC and Joel Donovan QC appointed PIcARBS Panel Arbitrators
Robin Allen QC and Joel Donovan QC have been appointed on the Personal Injury Claims Arbitration Service (PlcARBS) panel of arbitrators. The panel includes highly experienced personal injury and clinical negligence silks who are trained in personal injury and clinical negligence arbitration and who take a collegiate approach in helping parties reso...
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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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Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets

Cloisters’ Joel Donovan QC and Adam Ohringer win definitive guidance on vicarious liability in Mohamud v Morrison Supermarkets
The Supreme Court’s judgment in the case of Mr A M Mohamud (in substitution for Mr A Mohamud (deceased)) (Appellant) v WM Morrison Supermarkets plc (Respondent) – UKSC 2014/0087 on appeal from the Court of Appeal  was handed down this morning. The Court unanimously allows the Claimant’s appeal and holds the Respondent vicariously liable for th...
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Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240

Griffin v Plymouth Hospital NHS Trust [2014] EWCA Civ 1240
The President of the Employment Tribunals, Judge Brian Doyle, has announced that the Compensation for Loss of Pension Rights Booklet (“the Guidance”) has been withdrawn from the Ministry of Justice website, however the underlying approaches in the Guidance remain valid. The decision follows Underhill LJ’s comments in Griffin v Plymouth Hospitals NH...
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Patricia Hitchcock QC and Joel Donovan QC talk on 'Hot topics and perennial problems' at MBL clinical negligence conference

Patricia Hitchcock QC and Joel Donovan QC talk on 'Hot topics and perennial problems'  at MBL clinical negligence conference
Cloisters barristers, Patricia Hitchcock QC and Joel Donovan QC join leading expert panel of speakers at MBL's Hot Topics and Perennial Problems in Clinical Negligence  conference  on Friday 17 April 2015 in London. Patricia, who will chair the conference, specialises in clinical negligence, catastrophic personal injury, inquests, me...
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Warnings in the wind for informed patients as Supreme Court makes significant decision on consent to treatment

Warnings in the wind for informed patients as Supreme Court makes significant decision on consent to treatment
By Joel Donovan QC The Supreme Court's decision in Montgomery v Lanarkshire CC [2015] UKSC 11 is the most significant of the 21st century on the issue of consent to treatment. It enshrines (para 87) a doctor’s duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any rea...
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Beating a Part 36 Liability Offer: A Right to An 'Additional Amount'?

Rule 36.2(5) CPR expressly provides that a Part 36 offer may relate solely to liability. So a defendant’s Part 36 split-liability offer is an offer which relates to the whole claim, and the claimant’s acceptance of it automatically entitles her to her liability costs by virtue of rule 36.10(1): Onay v Brown [2010] Costs LR 29. Onay was applied by S...
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