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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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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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