Judicial Exemption to Personal Data Access: X v (1) Transcription Agency (2) Master James
In the case of X v (1) The Transcription Agency (2) Master James, handed down on 9th May 2023
Tax Schemes and Tax Counsel: Can the Investor Sue in Relation to the Opinion?
Simon Howarth KC examines the Court of Appeal judgment in McLean v Thornhill
Practico Costs Round Table with Andrew Post KC, Andy Ellis and Jeremy Morgan KC
In this latest costs chat with Practico, our very own Andrew Post KC joins Andy Ellis and Jeremy Morgan KC discuss the following topics:
Hailsham Chambers welcomes costs specialist Thomas Mason
We are delighted to announce that Thomas Mason has joined Hailsham Chambers.
Oxford Property Investments Limited v Sapphire Developments Solihull Limited & Anor
In this article, Tom Stafford discusses the recent High Court decision of Oxford Property Investments Limited v Sapphire Developments Solihull Limited & Anor  EWHC 624 (Comm), in which the court struck out a loss of profits claim against a firm of solicitors.
Solicitors’ Professional Indemnity Insurance – When does one partner ‘condone’ the dishonest conduct of another partner?
The Commercial Court has today handed down judgment in Discovery Land v AXIS.
Section 14A and knowledge of attribution: Witcomb v J Keith Park Solicitors  EWCA Civ 326
A personal injury claim is settled. Later, the claimant’s condition dramatically worsens in ways not anticipated in the settlement. At what point must the Claimant decide to sue his legal advisers for under-settling his claim?
Will the decision in Maguire mark the beginning of a shift in the application of Article 2 in healthcare inquests?
Eleven years on from Rabone: will the Supreme Court’s decision in Maguire mark the beginning of a shift in the application of article 2 to inquest healthcare cases...
Alternative Dispute Resolution
David Pittaway KC spoke at and co-chaired a Westminster Legal Policy Forum conference on the Future Direction of Dispute Resolution.
Welcome Leah Ashcroft our new Junior Clerk
We are delighted to welcome our new Junior Clerk Leah Ashcroft!
Legal Cheek Awards 2023
We are excited to be shortlisted for the Best Chambers for Quality of Work, Colleague Supportiveness, and for Training!
Wasted Costs in the Commercial Court
The Commercial Court has sent a clear message in this important wasted costs case. William Flenley KC acted for the successful party.
Imran Benson successfully defended Gunnercooke in a £5m solicitors negligence claim
Imran Benson successfully defended Gunnercooke in a £5m solicitors’ negligence claim
Applications for Hailsham’s 2023 mini pupillage programme are now open
Applications for Hailsham’s 2023 mini pupillage programme are now open! This year we will again be running workshop-style open days both online and in-person.
Click here for further details.
The Charter for Fairness
In their article in this month’s Counsel magazine, Nicola Rushton KC and Yasmin Yasseri explain why all Chambers should adopt the The Chancery Bar Association's Charter for Fairness, which sets out 12 recommendations on work allocation, career development, marketing and earnings.
We are pleased to announce that Nicola Rushton KC has been appointed a Deputy High Court Judge by the Lord Chief Justice of England and Wales. She will be sitting in the Chancery Division.
This is a part-time appointment and Nicola will continue in practice at Hailsham, specialising in professional negligence and commercial matters.
Snow v Royal United Hospitals Bath NHS Trust
This is an important and wide ranging judgment dealing with the standard of care when introducing a new surgical technique to a hospital. It covers clinical governance, NICE and other guidelines, training, mentoring, supervision, documentation of patient selection and MDT decisions, Montgomery consent,
Two cases about QOCS where the claimant accepted a Part 36 offer late
Two recent cases make clear that defendants to personal injury and clinical negligence claims cannot generally enforce orders for costs in their favour when a claim settles via Part 36.
Introducing Hailsham Chambers
Prospective applicants are invited to join members and clerks from Hailsham Chambers at our informal drinks event
Stephen Sizer Tribunal decision
The Clergy Disciplinary Tribunal’s decision on a complaint of antisemitism made by the President of the Board of Deputies of British Jews against the Rev Stephen Sizer was handed down by David Pittaway KC
Mediation and Neutral Evaluation
David Pittaway KC spoke at a blue-sky thinking conference at the University of Leicester’s Law Department on The Role of [A]DR and Neutral Evaluation in the Reformed Civil Justice System of England and Wales.
Fighting talk: ‘swords’, ‘shields’ and (non) compliance with clinical guidelines
Bramble Badenach-Nicolson considers the judgment in O’Brien v Guy’s and St Thomas’ NHS Trust.
Ten Fun Facts about Belsner
Mark Friston manages to find Ten Fun Facts about the Belsner judgment.
Belsner v Cam Legal: Claimant Ordered to Repay £295.50
The long-awaited Court of Appeal decision in Belsner v Cam Legal Services Limited was handed down yesterday.
Royal & Sun Alliance Ltd v Tughans (A Firm)
Alice Nash provides a review of this key professional indemnity insurance judgment
Harrington Scott Ltd v. Coupe Bradbury Solicitors Ltd - provoking thoughts on, and of, interest
The defendant in Harrington Scott Ltd v Coupe Bradbury Solicitors Ltd was hugely successful in having the claim struck out for abuse of process.
Ventures Food Limited v Little Dessert Shop Ltd  EWHC
HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.
The momentous decision of the Supreme Court in BTI V Sequana
When does the treatment of the company’s interests as being equivalent to the shareholders’ interests cease to be justifiable?
The approach to evidence - a legal update
The Court has recently considered the approach to be taken to oral evidence in a number of cases.
UK Bar Awards 2022 Shortlisted
We are delighted to announce that Hailsham has been shortlisted as Clinical Negligence and Professional Negligence set of the Year. Congratulations to all those nominated!
Statement on the death of Her Majesty Queen Elizabeth II
Hailsham Chambers joins the nation in expressing our deepest sympathies to The Royal Family on the passing of Her Majesty, Queen Elizabeth II.
Alicia Tew explores The Law Society's new guidance for solicitors on undertakings.
Spire Property Development & Anor v Withers
Tom Stafford considers the implications of this important Professional Liability decision
Begum v Barts Health NHS Trust
In this decision, which departs from earlier High Court obiter dicta, Master Thornett held that the Court has no jurisdiction to extend the “relevant period” of a Part 36 offer
Nicholas Davidson QC joins Hailsham Chambers
We are proud to announce that Nicholas Davidson QC will be joining Hailsham Chambers
Hailsham Chambers shortlisted for Legal 500 Bar Awards
We are excited to announce that Hailsham Chambers has been shortlisted for four awards
Pickering v Cambridge University Hospitals NHS Foundation Trust
This case highlights the important role expert evidence plays in cases where causation is the issue.
Hailsham Chambers welcomes new tenant
Hailsham Chambers is delighted to announce that Margaret Griffin will be joining Chambers with immediate effect.
Percy v Merriman White and Mayall
In this case note, Michael Patrick discusses the Court of Appeal’s recent decision in Percy v Merriman White and Mayall...
Taxing Issues – The Impact of The Thornhill Case
In this case note, Simon Howarth QC discusses the recent case of McLean v Thornhill...
Adverse Credibility Findings Outside the Scope of an Expert’s Duty
In the recent decision of Radia v Marks  EWHC 145 (QB), the High Court held that adverse credibility findings fell outside the scope of an expert witness’s duty.
Dan Stacey appointed as a Recorder
We are delighted to announce Dan Stacey has been appointed by The Queen as a Recorder on the advice of the Lord Chancellor...
Paul v The Royal Wolverhampton NHS Trust
Thomas Crockett considers the recent judgment of Paul v The Royal Wolverhampton NHS...
Simon Howarth to be appointed Queen’s Counsel
Congratulations to Simon, who will be Hailsham’s 10th silk.
BCX v DTA  EWHC B27 (Costs): Shortfall? What Shortfall?
Cases where solicitors seek to recover “shortfall” costs from their clients are not often covered in the case law.
Valuers and Scope of Duty (again)
What damages does a negligent valuer pay for overvaluing a lender’s security?
Pupillage event for prospective pupils
Prospective applicants are invited to join members and clerks from Hailsham Chambers for an informal drinks evening.
Opportunities to join Hailsham
We are seeking to add to both our barrister and clerking teams. Click here for more details.
The (Rebuttable) Presumption of Honesty
Will a court always presume that a claimant would have behaved honestly?
Baines & Anor v Dixon Coles & Gill (A firm) & Ors 
A solicitor steals £millions from client funds. Can insurers aggregate the thefts to limit the payout?
If in doubt, don’t assume it’s a solicitor’s undertaking
All practitioners will need to know about this vitally important unanimous judgment from Harcus Sinclair LLP v Your Lawyers Ltd  UKSC 32.
Khan (Respondent) v Meadows (Appellant)
In this clinical negligence case note, Justin Meiland and Charlotte Wilk examine the implications of this wide ranging Supreme Court decision
Loss of a chance in commercial transactions
Click here to access Michael Pooles QC and Heather McMahon's article in Butterworths Journal of International Banking and Financial Law on loss of a chance
High Court endorses the PNBA Adjudication Scheme
Adjudication would have been quicker + cheaper according to the judge.
Supreme Court judgment in Matthew v Sedman
You can read Alice Nash's full case note on this important Limitation decision here
Infinity Distribution Ltd v The Khan Partnership LLP
Dan Stacey successful in the case of Infinity v Khan Partnership
Adams v Options UK
Simon Howarth considers the decision in Adams v Options UK, and the potential ramifications.
Lawyers Falling Out: Who Can Sue for What?
Simon Wilton reflects on the decision in McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd
Practico Virtual Roundtable with Andrew Post QC
Hailsham’s Andrew Post QC joined the first Practico Virtual Roundtable of 2021.
Percy v Merriman White and David Mayall
This important Professional Negligence case raises interesting points in relation to the Contribution Act. Read Alicia Tew's case note here.
The Financial Conduct Authority v Arch and Others
In this case note, Thomas Crockett explores the Supreme Court's judgment in this COVID-19 business interruption insurance test case.
Stoffel & Co. v Grondona
In Stoffel & Co. v Grondona  UKSC 42, the Supreme Court grappled with the common law defence of illegality in a claim against solicitors.
Belsner v Cam Legal Services
Why should a case about the minimal costs of a minor RTA raise any interest at all?
Practico Costs Chat
Alexander Hutton QC participated in the latest Costs Chat from Practico.
Covid-19 and BAME health workers
Peter Ellis of Hailsham contributed to an article in the Journal of Patient Safety and Risk Management
COVID-19 Business Interruption insurance test case
In this case note, Imran Benson explores the High Court's judgment in the COVID-19 Business Interruption insurance test case of The Financial Conduct Authority v Arch and Others.
Lessons from the first Clinical Negligence RCJ trial in Lockdown
In SC v University Hospital Southampton NHS Foundation Trust, Catherine Ewins secured victory on liability for a child with cerebral palsy.
AssetCo Plc v Grant Thornton UK LLP
Nicola Rushton QC and Clementine Coram James explore the Court of Appeal's judgment in AssetCo Plc v Grant Thornton UK LLP
Reflecting on “reflective loss”: Sevilleja v Marex Financial Ltd
Read this case note by Simon Howarth and Christopher Cooke on the Supreme Court judgment in Sevilleja v Marex Financial Ltd.
Vicarious Liability – where are we, how did we get here and where might we be heading?
Read Simon Howarth, Jack Steer and Alexander Echlin's paper on vicarious liability here.
Secondary victim claims: what constitutes an ‘event’ in a clinical negligence action?
In this case note, Justin Meiland considers the case of Paul & Paul v The Royal Wolverhampton NHS Trust.
Carillion v KPMG
The Commercial Court deprecates pre-action disclosure application in mega-auditor's negligence claim.
De Sena v Notaro: The family, the demerger and the expert who wasn’t an expert
Read Tom Stafford's analysis of the recent professional negligence case of De Sena v Notaro here.
When does time start to run?
Read Dan Stacey's article on when time starts run for limitation purposes here.
Whittington Hospitals NHS Trust v XX
Read Tom Stafford's case note on the recent Supreme Court judgment in Whittington Hospitals NHS Trust v XX  UKSC 14.
Insurance Broker Claims – Causation & Loss
The fourth instalment in the Business Interruption series examines causation and loss in broker claims relating to BI Insurance.
Can you sack your opponent’s solicitor? You can try…
Read this article on the recent Court of Appeal decision in Glencairn IP Holdings Ltd v Product Specialities Inc (t/a ‘Final Touch’).
Insurance Broker Claims – Breach of Duty
This third article in our series considers issues relating to breach of duty by insurance brokers which arise out of business interruption policies.
Causation & Quantum
The second article explores causation and quantum issues that are likely to arise in Covid-19 related business interruption insurance disputes.
This first article describes very briefly the nature of business interruption insurance and then considers the first issue arising: is the cover engaged.
Vicarious Liability – the move is over
Read Michael Patrick’s thoughts on the recent Supreme Court analysis of Vicarious Liability in Morrisons and Barclays
Day v Womble Bond Dickinson (UK) LLP  EWCA Civ 447
Read Alicia Tew's case note on this notable Court of Appeal judgment here
Top Tips for Remote Meetings and Hearings
Read our Top Tips for Remote Meetings and Hearings here.
Witness Statements: Overlong and Over-lawyered?
Read Thomas Crockett's article on Witness Statements: Overlong and Over-lawyered?
Schembri v Marshall  EWCA Civ 358
Read Alice Nash's case note on Schembri v Marshall  EWCA Civ 358.
Marino v FM Capital Partners Ltd  EWCA Civ 245: Credit Where Credit is Due?
Read this case note written by Heather McMahon and Jake Coleman on the Court of Appeal’s decision in Marino v FM Capital Partners Ltd  EWCA Civ 245
How not to snaffle a CMBS: BMF6 v Greencoat
Read Nicola Rushton QC's article on BMF6 v Greencoat featured in JIBFL
Thimmaya v Lancashire NHS Foundation Trust: The incompetent expert
Read Michael Patrick's case note on this clinical negligence case which centred around the competency of an expert witness
Docherty v Oxford University Hospitals NHS Trust
Read Thomas Crockett's case note on this Clinical Negligence case here
Inquest into the death of Emma Raye Brown
Clementine Coram James represents Cambridge University Hospitals NHS Foundation Trust.
Raiffeisen Bank International AG -v- Asia Coal Energy Ventures Ltd (1) Ashurst LLP (2)
Read Thomas Crockett's case note on this important Professional Negligence case here.
Jamie Carpenter to be appointed Queen’s Counsel
Congratulations to Jamie, who will be Hailsham's 9th silk.
Anderson v Sense Network Ltd  EWCA Civ 1395 – An Update
Read an update on the case of Anderson v Sense Network Ltd in which Simon Howarth and Alexander Echlin acted for the Defendant.
Thomas Crockett contributes to AvMA November newsletter
Read Thomas Crockett's article for AvMA's November newsletter here.
Irani v Duchon  EWCA Civ 1846
Tom Stafford has prepared a case note on this Court of Appeal judgment