<!-- wp:paragraph --> <p>Join us on the 14th September for a light breakfast, refreshments, and a chance to meet and catch up with our Chancery and Commercial team.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>The coffee morning will run from 8:00AM, please feel free to drop in anytime between 8:00 - 9:00AM.</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>This event is free of charge, we look forward to seeing you!</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>You can register for the coffee morning <a href="http://lexlinks.parklaneplowden.co.uk/doForm.aspx?a=0xF15D4A97E0E04123&amp;d=0x49EB4C9596DBE1A5^0xBDC0B87423493533|0x40F3E49C83A12815^0xAF1BA1DD83354AE1|0xF1B146662D144B75^0x8A1CDD2DB76555E3|0x9CB58EF48012E032^0x5F4D509189200566|0xA14B30AADF25AF0D^0x4538EA01547C6D9520542FC6B6F63C93|0x43D48F22BB6859DF^0x5F4D509189200566|0xD52134AC788FF0FE^0xAF1BA1DD83354AE1|">here</a>. </p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>Richard Copnall represented the family of Corinne Haslam at the inquest in March 2023.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The coroner has now issued a prevention of future death report to the Secretary of State for Health and Social Care.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The inquest explored the challenges typically faced by patients who are detained under the Mental Health Act (and in the care of NHS Trust A), but who also require treatment for a physical condition (provided by NHS Trust B).</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>In the present case, both trusts operated on the same site at Tameside Hospital, but from different buildings.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Mrs Haslam suffered from a respiratory condition. On a number of occasions, Trust A’s doctors sent Mrs Haslam to Trust B’s A&amp;E department only for her to be discharged back to Trust A. On the final occasion, her condition deteriorated in A&amp;E and Mrs Haslam died.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The coroner’s report identified the following concerns:</p> <!-- /wp:paragraph --><!-- wp:list {"ordered":true,"type":"a"} --> <ol type="a"><!-- wp:list-item --> <li>The difficulty faced by Trust A’s doctors in obtaining the input of Trust B’s doctors, without having to transfer the patient to A&amp;E;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>A&amp;E departments are typically busy environments which may not be conducive to delivering care to patients experiencing severe and enduring mental illness;</li> <!-- /wp:list-item --><!-- wp:list-item --> <li>Trust A and Trust B operate incompatible systems for their medical records which obstructed the transfer of information and is inherently risky.</li> <!-- /wp:list-item --></ol> <!-- /wp:list --><!-- wp:paragraph --> <p>The division of care for physical and mental health conditions between two different NHS trusts is the norm and the difficulties highlighted in the coroner’s report are typical.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Secretary of State’s response, which is required by 15 September 2023, is eagerly awaited.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The prevention of future deaths report can be viewed <a href="https://www.judiciary.uk/prevention-of-future-death-reports/corinne-haslam-prevention-of-future-deaths-report/">here</a>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Richard was instructed by <a href="https://www.isonharrison.co.uk/our-people/gareth-naylor/">Gareth Naylor</a> of Ison Harrison.</p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>In the article 'Parental responsibility for married and unmarried fathers: should the distinctions remain in 2023?' Family specialist, Chloe Branton explores the current position regarding parental responsibility for married and unmarried fathers and outlines some recent and historic cases that have examined this issue.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Chloe also looks at ss 2, 3, and 4 of the Children Act 1989, including how parents can acquire or lose parental responsibility depending on whether they are mothers or are married or unmarried fathers. and considers the 2022 census data on families and family types within the UK from the Office for National Statistics.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>More information about Chloe's article can be found <a href="https://www.familylaw.co.uk/news_and_comment/parental-responsibility-for-married-unmarried-fathers-should-the-distinctions-remain-in-2023">here</a>.</p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>Howard Elgot acted for the Claimant in AXS v South Tees Hospitals NHS Trust before Master Cook on 31^st July 2023. An anonymity order was made. </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Howard was instructed by <a href="https://www.hay-kilner.co.uk/our-people/david-bradshaw">David Bradshaw</a> of <a href="https://www.hay-kilner.co.uk/">Hay and Kilner</a> Solicitors.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The case is noteworthy for value of the interim payment and for the short period of time from the first admission of liability to the successful resolution of a substantial contested interim payment application. AXS was admitted to the James Cook University Hospital, Middlesbrough, on 24^th November 2021.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>During the course of an operation that day AXS suffered a severe anaphylactic reaction. Notwithstanding an early differential diagnosis of anaphylaxis by the Defendant’s doctors, the doctors failed to start and continue CPR, failed to administer glucagon, and failed to administer vasopressin. As a result, AXS suffered a serious hypoxic-ischaemic brain injury, leaving AXS with permanent brain damage and a requirement for 24 hour waking care.<br><br>Breach of duty and causation were hotly contested until after service of the Particulars of Claim, but the Defendant consented to judgment, which was entered on 14^th March 2023.<br><br>An application for an interim payment to fund a family house and a substantial care and rehabilitation regime was made on 28^th March 2023, and the solicitors, having laid the groundwork earlier, and following conferences with counsel, were able to obtain and serve up to date reports from a rehabilitation consultant, an accommodation expert and a nursing expert exactly 4 weeks before the return date of the hearing.<br><br>The Trust offered £750,000 in addition to an £150,000 interim payment already made. This offer was refused, and Master Cook awarded an interim payment of £1.8 million payable in 21 days, to bring the total interim payments up to £1.95 million.<br><br>Master Cook held that the value of the interim payment sought was too high to allow him to make the award under stage 1 of the well-known Eeles criteria, but held that having regard to stage 2 of the Eeles criteria there was a real need for non-care home accommodation immediately and certainly before any quantum trial might take place.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>He considered that that part of the amount of interim payment requested for the property acquisition was reasonable. In line with Eeles itself, the Master noted that the court did not have to decide whether any particular property would be a reasonable purchase. The award would allow the Deputy to have adequate funds immediately available if and when the ideal property became available.<br><br>The full claim is pleaded as being in excess of £10 million pounds and therefore falls outside the costs budgeting provisions of the CPR.<br></p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>In <em>FXF v English Karate Federation &amp; Anor</em> [2023] EWCA Civ 891, the Court of Appeal confirmed beyond doubt that the <em>Denton </em>principles must be taken into account when considering an application to set aside judgment.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>The Claim</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Claimant brought proceedings in relation to alleged sexual abuse by a karate instructor. The Second Defendant, Ishinryu Karate Association (“IKA”), failed to file its defence in time. The Claimant obtained default judgment, pursuant to CPR 12.4.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>IKA applied to set aside the judgment, pursuant to CPR 13.3. A Master allowed the application. The Claimant appealed on the basis that the Master had failed to “apply <em>Denton </em>to the exercise of his discretion.” The Claimant contended that had the Master applied <em>Denton </em>then he would not have set the judgment aside.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>The Court of Appeal’s Decision</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Court of Appeal held that the Master <em>had </em>applied the <em>Denton </em>criteria, although he had not made this explicitly clear in his judgment, noting that:</p> <!-- /wp:paragraph --><!-- wp:paragraph {"style":{"typography":{"fontStyle":"italic","fontWeight":"400"}}} --> <p style="font-style:italic;font-weight:400">4. The Master set aside the Judgment dealing specifically with the two factors mentioned in CPR Part 13.3, namely the merits and delay in applying to set aside. He held that (i) the IKA had a real prospect of successfully defending the claimant's case on vicarious liability: the defence was "arguable and sophisticated", and (ii) the application to set aside had not been made promptly and there was no good reason for the delay. In relation to <em>Denton</em>, he said in his judgment: </p> <!-- /wp:paragraph --><!-- wp:paragraph {"style":{"typography":{"fontStyle":"italic","fontWeight":"400"}}} --> <p style="font-style:italic;font-weight:400">However, I turn to the express primary requirements of 13.3(1). Mr Tahzib [counsel for the claimant] refers appropriately to&nbsp;<em>Denton</em>&nbsp;and its criteria. But the familiar criteria of&nbsp;<em>Denton</em>&nbsp;are qualified because of necessary incorporation into the context and the express criteria under CPR 13.3: in particular, the criterion of "real prospect of successfully defending the claim".</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>In addition, the Court of Appeal agreed with the Master’s decision that it was appropriate that judgment should be set aside.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>General Application of the Judgment</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Importantly, the Court of Appeal confirmed unequivocally that the <em>Denton </em>criteria do apply to applications to set aside judgment pursuant to CPR 13.3.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Sir Geoffrey Vos MR, giving the leading judgment, stated:</p> <!-- /wp:paragraph --><!-- wp:paragraph {"style":{"typography":{"fontStyle":"italic","fontWeight":"400"}}} --> <p style="font-style:italic;font-weight:400">72. For the reasons I have given, this court is now clearly stating that the&nbsp;<em>Denton</em>&nbsp;tests apply in their full rigour to applications to set aside default judgments.&nbsp;<em>PXC&nbsp;</em>is overruled and the&nbsp;<em>dicta&nbsp;</em>in&nbsp;<em>Cunico</em>&nbsp;are no longer to be relied upon.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong>Comment</strong></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Although the Court of Appeal came down firmly in favour of applying <em>Denton </em>(and, indeed, held that this was made clear by the existing authorities), it seems fair to say that the position has <em>not </em>always been clear to practitioners.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>While it may, on one view, have made sense to apply the <em>Denton </em>criteria, it would not have been obviously foolish to take the view that only the criteria set out at CPR 13.3 (which are different from the <em>Denton </em>criteria) should apply.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The White Book commentary accompanying CPR 13.3 (specifically 13.3.5) does not make clear that <em>Denton </em>should be applied, instead setting out the competing contentions as to its relevance.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The clarity now provided by the Court of Appeal is welcome.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>A link to the full judgment on Bailli can be found <a href="https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2023/891.html&amp;query=(Fxf)+AND+(karate)">here</a>.</p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>May Martin has successfully defended Openreach against claims of race and age discrimination and wrongful dismissal following a 4-day hearing. May was instructed by Lauren Cope of BT Legal.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Claimant, Mr Abayomi, brought claims of direct age and race discrimination, and harassment on the grounds of age and race. The Claimant had been dismissed for gross misconduct and alleged that his dismissal and the process leading to it were because of his race and/or age.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The Tribunal dismissed the claims, finding that the Respondent was entitled to dismiss the Claimant in light of his conduct which included using his work vehicle for personal use. It found that none of the Respondent’s actions were in any way related to the Claimant’s age or race.</p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>The 10 years post-LAPSO seminar will be hosted at The Queens Hotel, Leeds on the 07 September 2023. The event is hosted by Parklane Plowden, ARAG, Tula Medical and Kain Knight. </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Guest speakers include <a href="https://www.parklaneplowden.co.uk/our-barristers/megan-crowther/">Megan Crowther </a>- Clinical Negligence Barrister, Vinod Kathuria - Orthopaedic Surgeon and Managing Director at Tula Medical, Colin Campbell - Retired Costs Judge, Kain Knight, and Mike Knight - UK Sales Manager, ARAG. </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>You can sign up to the event <a href="https://forms.office.com/pages/responsepage.aspx?id=5zv7j6eDP0alQ67bJoOxrlO4XIv77ttPln9aShDWZrhUN1pJRDNORDlBRlE4Q0xESVdVTEM2QVJQUi4u">here</a>. </p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p><strong>Sarah Harrison</strong> remains ranked in the <a href="https://chambers.com/lawyer/sarah-harrison-high-net-worth-21:1232060">High Net Worth Guide</a> as a National Leader (Outside London) for traditional Chancery work. </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Sarah specialises in probate, trusts and tax work.&nbsp;Those interviewed said the following: </p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>"Sarah Harrison is great at being really direct and getting to the crux of the issue. She is really great at handling difficult opponents and I would describe her as formidable.</em><em>"</em></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>"Sarah is a force to be reckoned with! Her knowledge is second to none, and she is very good at plain talking and advising what route is best to progress with. I'd rather she was on my team than the other side!"</em></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><em>"Sarah is a phenomenal barrister. She is highly knowledgeable and very practical. Her ability to advise on tax as well as legal issues makes her the ideal choice for any complex estate or trust dispute. When in court, she stands out with her advocacy and puts forward a very convincing case."</em></p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Sarah is also ranked in Band 1 for Chancery work in&nbsp;<em>Chambers &amp; Partners</em>&nbsp;UK Guide and in Tier 1 for Chancery, Probate and Tax work in the&nbsp;<em>Legal 500</em>.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>For further details about&nbsp;<a href="https://www.parklaneplowden.co.uk/barristers/sarah-harrison">Sarah</a>&nbsp;and other members of the&nbsp;<a href="https://www.parklaneplowden.co.uk/expertise/probate-inheritance-trusts-barristers/">Probate, Inheritance, Trusts and Tax Team</a>&nbsp;please contact&nbsp;<a href="mailto:stephen.render@parklaneplowden.co.uk">Stephen Render</a>.</p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>Parklane Plowden are delighted to be shortlisted at the Yorkshire Legal Awards 2023 for the 'Chambers of the Year' award.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Parklane Plowden having successfully won the award for two years running, are honoured to be shortlisted for another year.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>The event will take place on the 05 October 2023 at the New Dock Hall in Leeds.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>Follow the links to find out more about&nbsp;<a href="https://www.parklaneplowden.co.uk/awards/" target="_blank" rel="noreferrer noopener">Parklane Plowden Awards</a>&nbsp;and the&nbsp;<a href="https://www.yorkshirelegalnews.co.uk/yorkshire-legal-awards/" target="_blank" rel="noreferrer noopener">Yorkshire Legal Awards</a>.</p> <!-- /wp:paragraph -->

<!-- wp:paragraph --> <p>Parklane Plowden Chambers is delighted to announce that we have been shortlisted in an impressive 5 categories for the Legal 500 Bar Awards 2023. The nominations include 2 chambers teams Personal Injury Set of the Year and Clinical Negligence Set of the Year.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>In the individual member awards category, <a href="https://www.parklaneplowden.co.uk/our-barristers/andrew-axon/">Andrew Axon</a> has been shortlisted Clinical Negligence Junior of the Year and <a href="https://www.parklaneplowden.co.uk/our-barristers/stephen-friday/">Stephen Friday</a> has been shortlisted Personal Injury Junior of the Year.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p>We are also delighted to have <a href="https://www.parklaneplowden.co.uk/clerks/jodie-connor/">Jodie Connor </a> who has been shortlisted for Junior Clerk of the Year.</p> <!-- /wp:paragraph --><!-- wp:paragraph --> <p><strong><br></strong></p> <!-- /wp:paragraph -->