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No5 Barristers Chambers

Experts

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Alison Harvey
Alison Harvey
Barrister
No5 Barristers Chambers
Henry Pitchers
Henry Pitchers
No5 Barristers Chambers
Jamie Gamble
Jamie Gamble
No5 Barristers Chambers
Jenny Wigley
Jenny Wigley
No5 Barristers Chambers
Louisa Sherlock
Louisa Sherlock
Barrister
No5 Barristers Chambers
Matthew Brunning
Matthew Brunning
No5 Barristers Chambers
Paul Marshall
Paul Marshall
No5 Barristers Chambers
Richard Kimblin
Richard Kimblin , KC
No5 Barristers Chambers
Rupert Beloff
Rupert Beloff , LLB, MA, PGDip, of Gray's Inn
No5 Barristers Chambers
Stephen Whitaker
Stephen Whitaker , MA, BCL, (Oxon), Barrister
No5 Barristers Chambers
Contributions by No5 Barristers Chambers Experts

22

British citizenship status: deprivation and nullity
British citizenship status: deprivation and nullity
Practice notes

This Practice Note discusses the powers of the Secretary of State for the Home Department (SSHD) to deprive a person of British citizenship status or to declare the status a nullity. It also covers the procedure for deprivation of citizenship, the effects it has on the subject and their family members, appeal rights and relevant case law.

Particulars of claim for failed dental implant
Particulars of claim for failed dental implant
Precedents

This Precedent outlines a claim against a dental practitioner for a failed dental implant.

A defendant has made an application to amend their defence in an EL Multi-track Claim. The claimant has made a Part 18 request for information but has not consented to the amendments. A cross-application was made by the claimant for a response to the Part 18 request and an extension of time to file a witness statement. Statements are due to be exchanged in the extended directions in two weeks’ time. The court has adjourned the hearing of both applications to an unknown date in the future. What happens in relation to witness evidence? If exchange does not occur within two weeks, will the claimant be in breach of the directions? What if the extension is refused?
A defendant has made an application to amend their defence in an EL Multi-track Claim. The claimant has made a Part 18 request for information but has not consented to the amendments. A cross-application was made by the claimant for a response to the Part 18 request and an extension of time to file a witness statement. Statements are due to be exchanged in the extended directions in two weeks’ time. The court has adjourned the hearing of both applications to an unknown date in the future. What happens in relation to witness evidence? If exchange does not occur within two weeks, will the claimant be in breach of the directions? What if the extension is refused?
Q&As

A personal injury claim has been issued against my client as a second defendant. My client has denied liability from the start on the basis that they do not own the land in question but the first defendant has refused to accept liability. Is the second defendant able to recover legal costs from the first defendant for not accepting liability?
A personal injury claim has been issued against my client as a second defendant. My client has denied liability from the start on the basis that they do not own the land in question but the first defendant has refused to accept liability. Is the second defendant able to recover legal costs from the first defendant for not accepting liability?
Q&As

Are draft versions of an expert’s report disclosable? Is Jackson v Davenport Ltd still good law?
Are draft versions of an expert’s report disclosable? Is Jackson v Davenport Ltd still good law?
Q&As

Can a claim still be brought under the Occupier’s Liability Act 1957 when the defendant has control of the premises but is not necessarily the legal owner of it?
Can a claim still be brought under the Occupier’s Liability Act 1957 when the defendant has control of the premises but is not necessarily the legal owner of it?
Q&As

Can each child in a fatal claim have a separate litigation friend?
Can each child in a fatal claim have a separate litigation friend?
Q&As

Can you direct me to any relevant guidance or case law on civil claims for injury/damage brought as a result of careless driving? Do the usual principles of the tort of negligence apply?
Can you direct me to any relevant guidance or case law on civil claims for injury/damage brought as a result of careless driving? Do the usual principles of the tort of negligence apply?
Q&As

Do you have guidance on whether the owner of a property has a duty to ensure parts of their building do not fall on people? Do you know of any case law on this, eg where roof tiles or other objects have fallen from roofs and hit members of the public walking past?
Do you have guidance on whether the owner of a property has a duty to ensure parts of their building do not fall on people? Do you know of any case law on this, eg where roof tiles or other objects have fallen from roofs and hit members of the public walking past?
Q&As

Does an employer owe a duty to assess the long term risks of training it requires an employee to undertake? Does the limitation period run from when a claimant became aware of developing arthritis in their wrists or when they were recently informed that their wrist has now fused preventing movement?
Does an employer owe a duty to assess the long term risks of training it requires an employee to undertake? Does the limitation period run from when a claimant became aware of developing arthritis in their wrists or when they were recently informed that their wrist has now fused preventing movement?
Q&As

I am preparing to issue court proceedings against a GP surgery. The surgery is a partnership. The CPR suggests that in this situation the partnership should be named and referred to as a firm but other parts of the CPR suggests that each and every individual GP should be named. What is the normal protocol when suing a GP practice? Is it preferable to sue the individual GPs or the surgery or name the individual GPs and the surgery followed by a firm?
I am preparing to issue court proceedings against a GP surgery. The surgery is a partnership. The CPR suggests that in this situation the partnership should be named and referred to as a firm but other parts of the CPR suggests that each and every individual GP should be named. What is the normal protocol when suing a GP practice? Is it preferable to sue the individual GPs or the surgery or name the individual GPs and the surgery followed by a firm?
Q&As

In a fatal claim where the claim is brought by the personal representative of the deceased's estate, do you need to include a copy of the grant of probate when serving proceedings on the defendant?
In a fatal claim where the claim is brought by the personal representative of the deceased's estate, do you need to include a copy of the grant of probate when serving proceedings on the defendant?
Q&As

In a high-value claim, are costs incurred by the case manager (eg travel expenses and time spent taking the claimant to several medical appointments) recoverable from the defendant? The claimant would have been unable to attend the appointments without the case manager and it would have been far more expensive for the doctors to travel to the claimant.
In a high-value claim, are costs incurred by the case manager (eg travel expenses and time spent taking the claimant to several medical appointments) recoverable from the defendant? The claimant would have been unable to attend the appointments without the case manager and it would have been far more expensive for the doctors to travel to the claimant.
Q&As

Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.
Is there any case law on an Article 75 insurer’s ability to avoid its liability to meet a judgment in circumstances where the claimant was travelling in a stolen vehicle? The claim made is not against the insurer of the vehicle the claimant was a passenger in but against another vehicle of which the insurers have Article 75 status.
Q&As

Is there any case law on whether a defendant be liable for failing to grit/salt an area? In particular what reliance can be placed on historical weather data?
Is there any case law on whether a defendant be liable for failing to grit/salt an area? In particular what reliance can be placed on historical weather data?
Q&As

Is there any case law or legislation to show that a conviction under the Dangerous Dogs Act 1991 is likely to be conclusive evidence of negligence in a dog attack claim?
Is there any case law or legislation to show that a conviction under the Dangerous Dogs Act 1991 is likely to be conclusive evidence of negligence in a dog attack claim?
Q&As

Is there any case law regarding claimants tripping over debris in a private car park where an apportionment for contributory negligence was successful? Is there any case law around a proportion of the claimant being 10% liable?
Is there any case law regarding claimants tripping over debris in a private car park where an apportionment for contributory negligence was successful? Is there any case law around a proportion of the claimant being 10% liable?
Q&As

Is there any case law with judicial guidance on the standard of care to be expected of a Nurse Practitioner for the purposes of a clinical negligence claim? Is it the same standard of care that would be expected of a GP?
Is there any case law with judicial guidance on the standard of care to be expected of a Nurse Practitioner for the purposes of a clinical negligence claim? Is it the same standard of care that would be expected of a GP?
Q&As

What are the obligations and duties owed to a claimant who was working on a building site when a tree was blown down and fell on him? The tree was in poor state and the other surrounding trees were cut down post accident.
What are the obligations and duties owed to a claimant who was working on a building site when a tree was blown down and fell on him? The tree was in poor state and the other surrounding trees were cut down post accident.
Q&As

What liability could arise if the wrong sperm was negligently used by a fertility clinic resulting in the baby having a genetic disease or different attributes to those that were chosen? What is the limitation period for any liability? What kind of awards could be made if the clinic was liable?
What liability could arise if the wrong sperm was negligently used by a fertility clinic resulting in the baby having a genetic disease or different attributes to those that were chosen? What is the limitation period for any liability? What kind of awards could be made if the clinic was liable?
Q&As

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