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06 March 2008 / B. Mahendra
Issue: 7311 / Categories: Features , Professional negligence , Mental health
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Doc Brief

COMPETING RIGHTS
SCIENCE v FACTS
POST-DISCIPLINE SANCTIONS

FLYING UNSEEN

Most individuals are dependent on employment for their income. Illness of diverse kinds may impair the ability to work; the individual’s income may then become compromised and the law in many situations may begin to take an interest. This is usually the stuff of personal injury law, where employment prospects in the future—in the face of injuries sustained as a result of some tortious act—have to be studied with some care as any compensation payable must obviously reflect probable future loss.

In ancillary proceedings following divorce, the earning potential of ex-spouses is clearly a consideration especially where illness has afflicted one or both spouses. Lay persons often confuse recovery from illness with the full resumption of the capacity to work. The reality may be somewhat different. An individual may recover from some disorder but the prospects for his future employment may remain unclear and unpredictable. This situation played an important part in the Court of Appeal’s deliberations in v (

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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
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