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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

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
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