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06 February 2015
Issue: 7639 / Categories: Case law , Law digest , In Court
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Solicitor

Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18, [2015] All ER (D) 207 (Jan)

At a time when the claimant had had capacity, she had entered into a conditional fee agreement with a firm of solicitors in respect of medical negligence proceedings that she had issued. She subsequently lost capacity. She succeeded in her claim and her solicitors submitted their bill of costs in order to seek recovery of those from the defendant. The defendant disputed the costs that related to the period when the claimant had been acting through the deputy appointed on her behalf. The regional costs judge, who had accepted the defendant’s submissions, was overturned by the High Court. The Court of Appeal, Civil Division, dismissed the defendant’s appeal and held that the parties had to have contemplated that the claimant might lose capacity and that instructions could be given on her behalf. In all the circumstances, it could not have been the intention of the parties that the claimant had to give instructions personally and her supervening

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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