Articles

Need to keep in touch with topical legal issues? Our lawyers produce articles on a variety of topics for numerous publications ranging from comment on legal developments to explanations of new services. Below are articles on topics which will interest decision makers and individuals wanting to know more about legal opportunities.

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01/05/2007 : 266 Ways Of Crossing The Threshold
It is certainly correct that our statute books contain some 266 different laws allowing public authorities the right to enter your private home. These apply to all manner of officers, from RSPCA Inspectors to Television Licensing Officers. If you obstruct… »

27/04/2007 : New Case Enforces The Need For Unmarried Couples To Formally Record Their Interests In Property That They Jointly Own
The Judgement from the Law Lords came out this week on the case of Stack v Dowden. Dehra Ann Dowden and Barry Alan Stack had been in a relationship together since 1975, lived together since 1983 and had four children together during this time. They had… »

26/04/2007 : Clostridium Difficile – The New MRSA?
Hospital acquired infections remain in the news. Foot Anstey act for a number of claimants pursuing claims in respect of MRSA infection. Arguments continue to rage as to whether patients suffering the effects of the “hospital superbug” are… »

26/04/2007 : Compensation payments for Hepatitis C sufferers
Foot Anstey have been consulted by a number of Hepatitis C sufferers regarding their claims for compensation payments from the Skipton Fund. The Skipton Fund was set up by the Department of Health to provide compensation for people infected with Hepatitis… »

26/04/2007 : Increase In Operations On “The Wrong” Part Of The Body
An alarming disclosure by the NHS Litigation Authority confirms that there has been a substantial increase in compensation paid out to patients where there has been an operation on “the wrong part of the body”. The development would… »

26/04/2007 : Take As Prescribed By Your Doctor?
The combined effect of ever more complex drugs and a change in the way most doctors are taught pharmacology and prescription skills has resulted in a staggering 500% increase in adverse drug reactions since the early 1990s. The NHS drug spend is now… »

26/04/2007 : Nuffield Council On Bio-Ethics
On 16th November 2006 the Nuffield Council on Bio-Ethics published a report on the ethical, social, legal and economic issues involved in critical care decisions in premature babies. The role of the Nuffield Council is to examine ethical issues raised… »

26/04/2007 : A Rosier Future For Periodical Payment Orders?
Periodical payments (formerly structured settlements) have been around now for several years as a method of compensating a seriously injured claimant for future expenses. The take-up for this form of compensation had been somewhat lower than had been… »

26/04/2007 : Testicular Torsion v Epididymo-Orchitis
A delay in treating torsion is unacceptable. If there is any doubt then surgery must take place to investigate and, if necessary, to untwist the testis. The testes start as an abdominal organ and move outside of the body two to three weeks prior… »

26/04/2007 : New Guidelines For Doctor/Patient Relationships
In early April, the Council for Healthcare Regulatory Excellence (“CHRE”), a government body that oversees the General Medical Council, the Nursing and Midwifery Council and several other healthcare regulators, published a draft report entitled… »

26/04/2007 : Dental Negligence Claims
Dental negligence is a type of clinical negligence for which compensation can be claimed when negligent dental treatment results in personal injury. The majority of dentists are very successful in helping their patients to achieve good oral health.… »

26/04/2007 : Maternity Care In Crisis
The birth of a child is one of the most rewarding experiences we can have, and advances in medical technology and training should make it a safe one too. But recent studies point to an alarming rise in the number of birth-related accidents in the UK.… »

26/04/2007 : The Statistics
Fortunately, the vast majority of healthcare mistakes result in little or no harm to the patient. Official estimates of the rate of medical accidents are about 1 in 10 hospital admissions (excluding hospital infections). A number of these go unnoticed… »

26/04/2007 : Negligent Indemnity?
In the vast majority of cases, healthcare professionals at the wrong end of a Clinical Negligence claim are employed by an NHS Trust. Accordingly, the professional can rely on NHS indemnity to cover damages and legal costs. Dentists, doctors and various… »

26/04/2007 : The European Court Of Human Rights Confirms UK Consent Law
The European Court of Human Rights (“ECHR”) has recently made a decision in the case of Natalie Evans v United Kingdom (2007). Natalie Evans was rendered infertile following ovarian cancer treatment. As a result of this treatment Miss… »

19/04/2007 : Hold The Front Page - Da Vinci Code Cryptic Copyright Ruling Clarified
Clarity has been restored to an area of copyright law after the Court of Appeal’s ruling on Dan Brown’s The Da Vinci Code. Although the appeal court agreed with trial judge Mr Justice Peter Smith’s conclusions, it felt the need… »

17/04/2007 : Leasehold Properties: What to Watch…
The skylines of our regional towns and cities have changed dramatically in recent years. The main routes into Plymouth, Exeter and Truro all have the tell-tale yellow signs letting the driver know of exciting, fresh named, new developments. The property… »

17/04/2007 : Beware Shareholder Litigation
Directors need to be prepared for the changes coming in from October 2007 explains Nigel Hanson. IT WAS one of those dusty old principles that every law student had to know – the rule in Foss v Harbottle (1843). Broadly it said that… »

17/04/2007 : Don't Take A Chance On Gambling Ads
Organisations using lotteries, draws and promotions with prizes are affected by new laws coming into effect in September explains Nigel Hanson. All bets may currently be off for Torbay’s new casino after the Government’s plans… »

10/04/2007 : Company Law Reform In Full Swing
April 6 saw the continuation of the phased implementation of the Companies Act 2006. Persons over 70 can now become or continue as directors of public companies (or their private company subsidiaries) without the approval of the company’s… »

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