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Bloomsburry Family law

Personal injury

Zafiris v Liu (2005)

Business premises – New business tenancies - Landlord and tenant – Landlord’s intention to occupy – Refusal of new business tenancy – Landlord’s intention to occupy premises – Occupation for new business – Requisite degree of involvement – s 30 Landlord and Tenant Act 1954

Malcolm Gregg v James Andrew Scott [2005] UKHL 2

Cancer – Causation – Clinical negligence – Damages – Diagnosis – Loss of opportunity – Lymph vessels – Non-Hodgkin’s Lymphoma – Misdiagnosis – Quantifying loss – Balance of probabilities – Possibilities – Loss of a chance – Increased risk of injury being suffered – Reduction in prospects of successful outcome – Loss of expectation of life

Alexis Michaela Cecile Blumentahl v The Church Commissioners for England [2004] EWCA Civ 1688

Disputing the court’s jurisdiction – Lands Tribunal – Modification – Positive covenants – Restrictive covenants – Lands Tribunal’s jurisdiction – User obligations – Occupation of leased premises – Positive obligation – Restricted user – Unreasonable result – s 84 Law of Property Act 1925

DN (By his father and litigation friend RN) v Greenwich London Borough [2004] EWCA Civ 1659

Causation - Expert evidence - Local education authorities - Measure of damages - Professional negligence - Psychologists - Special educational needs - Expert evidence of educational psychologist in own defence - Measure of damages for negligence in failing properly to identiy educaitonal needs - Failure to diagnose Asperger’s Syndrome - Autism - Loss of a chance - Psychiatrists - Mental Health Act 1983

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