Legal Features

Articles

The correct use of the Bolam test

Dr Jock Mackenzie considers recent clinical negligence cases which raise the question of when the Bolam, Montgomery, and Penney tests should apply

Conditional fees in publication proceedings after Times Newspapers v Flood

The Supreme Court's decision in Flood has not provided the clarity hoped for in relation to future recovery of success fees and ATE premiums, says Steven Heffer

Goodbye to vicarious liability's close connection test?

By paying lip service to Lister, the courts will shatter the close connection principle, writes Chris Pawlowska

Politically exposed persons and enhanced due diligence

The Fourth Money Laundering Directive allows firms to take a more nuanced approach to assessing the risks posed by PEPs, explains Michael Sinha

The technological challenge has only just begun

IT plays a significant role in enabling firms to grow and adapt, but it's not just about investing in new pieces of software, says Steve Billot

Why delay in financial remedy cases?

District Judge Nigel Law is frustrated by the failure of solicitors to agree the value of properties owned by separating families before the first appointment

Contractual interpretation: It doesn't have to make sense

Matthew Wescott and John Bramhall consider the obstacles in the way of those seeking to persuade a court that a commercial contract is void for uncertainty

Once more unto the breach

Vijay Ganapathy considers the high threshold in common law negligence claims involving dangerous activities and the apportionment of damages for asbestos-related illnesses