Personal injury analysis: James Bell, a partner in Hodge Jones & Allen's medical negligence team, examines a Queen's Bench Division decision that the claimant patient had not established that the defendant hospital's breaches of duty in treating her when she fell ill after brain surgery had caused her brain damage.
The laws relating to sex often dominate headlines. Of late those sexual offences concerning the lack of consent are particularly under scrutiny. But the law can be broken even when it involves consenting adults, particularly when there’s money involved.
The High Court has recently ordered an injunction against an unknown third party and provided for alternative service by text message.In the case of NPV v QEL and ZED, all parties have been anonymised to protect their identities, and in particular NPV, a successful businessman.
Background and the Ablyazov litigationThe case is rooted in the Ablyazov litigation that took place between 2009 and 2012. From 2005 until 2009, Mr Ablyzov was the chairman and controlling shareholder of the Kazakhstan bank, JSC BTA Bank.During his period of office, it is alleged that Mr Ablyazov embezzled US $6 billion from the bank. In April 2009, Mr Ablyazov fled Kazakhstan and obtained asylum in England. In August 2009, the bank commenced litigation against him in England. The bank obtained a disclosure order requiring Mr Ablyazov to identify and locate his assets. It also obtained a worldwide freezing order (WFO) preventing him dealing with his assets. Mr Ablyazov ostensibly complied with the disclosure order and WFO, but, in 2011, the bank applied for an order committing Mr Ablyzaov for contempt of court.
When does an ‘assertive’ style cross the line, and what can employers do to prevent it? Rhian Radia reportsManchester United’s glory years owe much to Alex Ferguson’s firm management style. However, kicking footwear directly between the eyes of a star player crosses a line. Does Lord Alan Sugar’s management style though? Lord Sugar probably considers himself merely to be providing an honest critique of a potential apprentice’s performance. He is, in his eyes, one would think, the master of delivering a difficult message.
A non-lawyer friend once enquired of me as to whether I had proclaimed the end of the criminal justice system for the fourth or fifth time that year – the point being that I cried wolf too often. Despite the difficulties multiplying over the past few years, I have heeded the lesson. The nature of this job means you need a fighting spirit. We have to fight for our clients, for our profession and for the wider public interest. Lament is not an option. It was with wry amusement, therefore, that I read of the new-found concern for the criminal justice system from the right-wing press (and former Labour ministers) as a number of rape trials collapsed after disclosure issues.
