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Articles

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  • Clinical Negligence
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  • Excalibur & Keswick Groundworks Ltd v McDonald

    29th Mar 2023

    Oliver Hirsch considers the case of Excalibur & Keswick Groundworks Ltd v McDonald [2023] EWCA Civ 18, in which the Court of Appeal has confirmed the difficulty of removing QOCS protection from a claimant who discontinues at the last moment. This follows previous decisions in the same spirit, such as Mabb v English [2017] EWHC 3616 (QB).

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  • The Whiplash Injury Regulations 2021 and Mixed Injuries

    29th Mar 2023

    Charles Fulton summarises and comments on Rabot v Hassam and Briggs v Laditan [2023] EWCA Civ 19. These cases, which were appeals from the County Court to the Court of Appeal, dealt with the construction of section 3 of the Civil Liability Act 2018 (“the Act”).

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  • Contract Drafting with ChatGPT: Legal Innovation or Risky Business?

    28th Mar 2023

    3PB's Aaron Mayers explores the potential impacts of introducing AI technology (such as ChatGPT) into the contract drafting process.

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  • Considering the Tribunal's approach to costs

    28th Mar 2023

    3PB experienced education law specialist Katherine Anderson summarises the recent case JJ & EE v Buckinghamshire Council which concerned the Tribunal's approach to costs. This was an appeal to the Upper Tribunal arising out of parents' unsuccessful application to the First-tier Tribunal for a costs order against the local authority in a special education needs case.

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  • The Upper Tribunal's power to protect the confidentiality of certain proceedings

    28th Mar 2023

    3PB experienced education law specialist Katherine Anderson summarises the case Re a Teacher (Rule 14 Order) which concerns the Upper Tribunal's power to protect the confidentiality of certain proceedings.

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  • A rare successful claim for breach of Article 2 Protocol 1 – “Right to education”

    28th Mar 2023

    Jennifer Agyekum provides a case summary and comment of a recent A2P1 case R (on the Application of SB and ZB) v London Borough of Croydon and NHS South West London ICB [2023] EWHC 489 (Admin). The claim was one of a number of proceedings attempting to secure adequate housing, education and social care provision brought by the Claimants.

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  • The nationwide shortage of specialist schools: remedies

    18th Mar 2023

    Jim Hirschmann considers the remedies available where a local authority is not able to provide a suitable type of school due to a shortage of such schools.

    There is a nationwide shortage of specialist schools for children and young people with special educational needs.

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  • 12-month sentencing powers for magistrates reversed – but why?

    14th Mar 2023

    3PB's criminal law and personal injury barrister Oliver Hirsch discusses the reversal of the 12-month sentencing powers given to magistrates last year.

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  • How Her Bar is celebrating International Women's Day 2023

    8th Mar 2023

    3PB's specialist property, chancery and financial remedy barrister Rachel Bale explores how women barrister network Her Bar is celebrating International Women's Day 2023 theme of #EmbraceEquity.

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  • Breaking the Mould: Water Ingress Building Defects and the Scourge of Black Mould

    6th Mar 2023

    3PB's dual UK-Australia qualified barrister Philip Bambagiotti,a construction and building defects expert, tackles the serious issue of mould growth in council and privately-owned buildings, substandard ventilation and poor design.

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  • Bitcoin Security: Bitcoin Security: Should Developers Be Held Liable

    2nd Mar 2023

    3PB's specialist commercial and chancery barrister Aaron Mayers discusses a recent dispute heard in the Court of Appeal regarding whether Bitcoin network developers have a fiduciary duty towards Bitcoin owners.

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  • Absence of bounce back email saves Claimant's appeal

    1st Mar 2023

    3PB employment specialist, Grace Nicholls analyses the case Hawkes v Oxford Economics Limited [2022] EAT 179 when an appeal was brought against a Registrar’s order from April 2022 in which an extension of time to present an appeal was refused.

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