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By |June 1st, 2016|Articles|

  By Charles Feeny & Sammy Nanneh The term “de minimis non curat lex” is an aphorism learnt by law students and has the advantage of being memorable.  Loosely translated, the maxim indicates that the law disregards trifling matters. Historically it has been used in a variety of legal contexts as an exclusionary tool to [...]


By |July 13th, 2015|Articles|

Certainly the decision in Montgomery v Lanarkshire Health Board has clarified the law and brought it in line with what clearly has been the pragmatic approach of the NHSLA for some time. In many respects the decision directly reflects, enshrines and applies the established guidance given to doctors by the General Medical Council. The question in practitioners’ [...]

The Mitchell Table

By |April 11th, 2014|Articles|

This table contains the cases decided post-Mitchell and arranges them according to subject matter and whether the decision of the court is considered strict to Mitchell or not. Where appropriate a short comment will be included but the primary focus of the table is to provide an accessible means of matching cases to the subject matter so users can navigate this brave new world we find ourselves in. […]

You have been Mitchelled? (Part 2) 7 Pillars of Wisdom

By |March 17th, 2014|Articles|

In this article we seek to address the possible ways that litigants can avoid being Mitchelled. To date, we have identified 7 possible ways this can achieved which, with a little irony, we have called the seven pillars of wisdom (‘Wisdom hath builded her house, she hath hewn out her seven pillars’ (Proverbs 9:1), subsequently [...]

You have been Mitchelled? (Part 1)

By |March 3rd, 2014|Articles|

The origin of the word “pleb” is ancient and therefore understandably obscure. The distinction between plebs and patrician seems to go back to the earliest days of the Roman Republic. By the time of the late Republic, the distinction was arcane and Plebeians had risen to important and influential positions in Roman society. Such seminal [...]

Crossover Issues for the PI & COP Practitioner: a view from the middle Joint Meeting APIL NORTH WEST REGIONAL GROUP

By |December 1st, 2013|Articles|

There are currently many unresolved conflicts in the mental capacity sphere, which have implications for both Court of Protection and Community Care practice and personal injury litigation. The purpose of this talk is to highlight some of these tensions (as time permits) and provide food for thought for both the adult welfare and personal injury [...]

Habeas corpus? Body or evidence? The AvMA Medical & Legal Journal (2013) Vol. 19 Issue 2 pages 42-45

By |September 4th, 2013|Articles|

Ana Samuel was recently published in the AvMA Medical & Legal Journal. In her article Ana analyses what rights, if any, exists in relation to possession of body parts. In addition the article discusses the legal implications for retention of body parts and disposal where the part may be of evidentiary value. To read Ana's [...]

The Dust Settles? Fairchild to Williams (2013) 21 Tort L Rev 87

By |September 2nd, 2013|Articles|

Charles Feeny was recently published in the Tort Law Review. In his article Charles comments on the Supreme Court decision in Sienkiewicz v Grief UK Limited [2011] UKSC 11 and the Court of Appeal decision in Williams v University of Birmingham [2011] EWCA Civ 1242, and in doing explores the concepts of material increase in risk and the de [...]

Paula Thomas v Paul Curley [2013] EWCA Civ 117: A clinical and legal commentary on the judgment of the Court of Appeal

By |September 2nd, 2013|Articles|

Clinical commentary Professor Graeme Poston Professor of Surgery, University of Liverpool Consultant Hepatobiliary Surgeon, Aintree University Hospital, Liverpool The facts The Respondent was diagnosed in 2005 as suffering from a symptomatic gallstone in her gallbladder and was referred to the Appellant, a consultant general and vascular surgeon, who advised her that she would benefit from [...]

The Trolls that lurk under the Employment Bridge… Social Media in Employment Law

By |February 4th, 2013|Articles|

Introduction A workable definition of an internet troll is as follows: ‘Named after the wicked trolls of children's tales, an Internet troll is someone who stirs up drama and abuses their online persona. Trolls thrive in any environment where they are allowed to make public comments. At the lighter end of the troll spectrum, trolls [...]