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Case review 12 mai 2020
Explaining treatment options and risks post-Montgomery
In the Scottish case of Johnstone v NHS Grampian, the Court of Session found that the pursuer’s consent to medical treatment had been given on the basis of sufficient information about the alternative treatments available and the potential risks of treatment so as to be ‘Montgomery compliant’.
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Case review 5 mai 2020
The scope of the duty of care of a junior doctor
The Scottish Court of Session judgment in Andrews v Greater Glasgow Health Board addresses the scope of the duty of care of a junior doctor; and whether a case will fail on causation, if a precise point in time when an event would have occurred could not be determined.
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Case review 5 dez 2019
Adequate Consideration? Gratuitous alienations in the Supreme Court
MacDonald v Carnbroe Estates Limited [4.12.19]. The Supreme Court has clarified the meaning of ‘adequate consideration’ but at the same time caused uncertainty in holding, for the first time, that the court’s remedy for a gratuitous alienation, may give credit for the price paid by the bona fide purchaser for the property.
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Article 16 set 2016
Directors and officers: piercing the corporate veil
In a decision which represents good news for directors and their insurers, the Supreme Court has highlighted the difficulties in piercing the corporate veil to recover directly from directors.
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Article 16 set 2016
Personal Injury Brief: latest decisions October 2016
A round up of recent court decisions raising issues relating to bereavement damages for cohabitees, employers’ liability for accidents abroad, personal liability of directors for employers’ liability claims, fraudulent claimants and norovirus on cruise ships.