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Doc Brief

06 March 2008 / B. Mahendra
Issue: 7311 / Categories: Features , Professional negligence , Mental health
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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 ( 2007)

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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