In this post, Anna Walsh (Partner) and Nicole Ellerby (Associate) in CMS’ medical malpractice team considered the awaited decision from the Supreme Court in the Scottish case of McCulloch and Ors v Forth Valley Health Board [2021] CSHI 21.
Overview
The appeal of the decision in McCulloch and Ors v Forth Valley Health Board [2021] CSIH 21 was heard by the Supreme Court on 10 May 2023. The issues appealed to the Supreme Court concern the legal test to be applied when determining whether an alternative course of treatment is reasonable in addition to whether the courts erred in their…
Section 43(5) and (6)(a) of the Local Government Finance Act 1988 (“the LGFA”) provides for a mandatory 80% relief from business rates where “the ratepayer is a charity or trustees for a charity” and the premises are “wholly or mainly used for charitable purposes (whether of that charity or of that and other charities)”. In this appeal, the Supreme Court is asked to decide whether the respondent, Nuffield Health, is entitled to this mandatory 80% relief in respect of its members-only gym known as Merton Abbey.
Nuffield Health (the respondent) is a registered charity whose purposes are “to advance, promote…
Table of Contents
‘No win no fee’ explained: What does it actually mean?
You might have heard about ‘no win, no fee’ agreements that certain law firms offer existing and prospective clients. This type of arrangement is also known as a conditional agreement and government sources often refer to it as a conditional cost agreement.
Many people find this type of offer an attractive prospect, due to the fact that upfront legal fees can be waived. However, it can prove confusing, so we thought we would explore this legal term more fully, to keep you best informed about the particulars.…
Law & Order: SVU is on 24 seasons and counting (thanks to the recent renewal) without giving Benson/Stabler fans everything they want from the iconic TV duo, but all signs point toward another pairing ending the season on a very high note. Not only is Kelli Giddish coming back to the Law & Order the universe after Rollins was written out back in December, but the good ship Rollisi has apparently been sailing smooth waters off screen! Let’s start at the beginning.
How Kelli Giddish Is Returning First
The first news to break about Kelli Giddish coming back to the…
This appeal is concerned with the following questions: (1) When the Parole Board is deciding whether or not to direct the release of a prisoner on license, can it only take into account allegations if they are proved on the balance of probabilities? (2) Does the Parole Board’s “Guidance on Allegations” (the Guidance) misstate the law on this issue?
The Parole Board for England and Wales (“the Board”) is responsible for deciding whether or not to direct the early release of prisoners serving various categories of sentences of imprisonment. When making its decision, the Board must be satisfied that it…
A ban on gender-affirming care for minors is now officially legal.
The law banning doctors from treating children with hormone therapy or gender-affirming surgery is set to go into effect in July.
On Friday, the ACLU promised to sue to overturn the law.
Now, one local doctor told Channel 2′s Richard Elliot that she expects to see the suicide rate among transgender teens to skyrocket.
Transgender Health SpecialistDr. Izzy Lowell said this law will actually hurt children.
The American Medical Association asked the national governor’s association not to support these kinds of bills.
Republicans here in Georgia say they passed…
Often the rights of the individual are in direct opposition to the rights of the public. This issue was recently explored in the blog about Australian Prison surveillance. The further we delve into the question of what’s right, the more confusing this becomes, as what might be right legally may not be right from a freedom of speech perspective.
When neo Nazis fill our web pages with racist and often completely fabricated rhetoric, the majority of people protest and rightly so, demanding that the spread of hate be removed. Some proponents of free speech might argue that this type of…
Hearings in the Supreme Court are now shown live on the Court’s website.:
On Monday 6th and Tuesday 7th March 2023 the Court will hear The Manchester Ship Canal Company Ltd v United Utilities Water Ltd No 2on appeal from [2022] EWCA Civ 852. The Court will consider whether The Manchester Ship Canal Company Limited can bring a private law claim in nuisance and/or trespass against United Utilities Water Limited in respect of unauthorized discharges of untreated foul water by UU into the canal. The hearing will begin at 11:00am in Courtroom 47 of the Manchester Civil Justice Centre.
On…
