Tughans Solicitors

A step towards better clinical negligence case management – New high court practice directions introduced in Ireland

On April 9, 2025, the President of the High Court in Ireland, Mr Justice David Barniville, introduced two new Practice Directions for Clinical Negligence cases, designed to promote structured case management and encourage a timely resolution of claims.   Practice Direction HC132 Effective from 28th April 2025, Practice Direction HC132 establishes a ‘Clinical Negligence List’... Read More

Court awards Plaintiff €7,500 in “serious end of the scale” data breach case

A recent judgement in the Dublin Circuit Court in the matter of M.H. v the Child and Family Agency provides further insight on the assessment of claims for non-material damage concerning breaches of data under GDPR.   Facts of the case The case was brought against the Child and Family Agency for an unlawful disclosure... Read More

Estate planning to include digital assets in the UK

The Property (Digital Assets etc) Bill (‘the Bill’) was introduced by the UK government into the House of Lords in September 2024 with the aim of clarifying the concept of ‘digital assets’ as personal property in England and Wales. The Bill has since passed second reading and in February 2025, was amended by a special public... Read More

An Eye for Detail: A Recent High Court Ruling in an Ophthalmic Surgery Claim

Expert evidence plays a pivotal role in nearly every clinical negligence claim, with the trial outcome often depending on which expert opinion the Judge favors – that of the claimant or the defendant. The recent High Court ruling in Lochrie v Edwards underscores the critical importance of how evidence is presented with a consent case.... Read More

Does a Beneficiary Disclaiming a gift constitute a ‘Failure’?

In a recent case heard before the High Court of England and Wales, the son (the defendant) of Elfed Williams (the deceased) stood to inherit one sixth of his father’s residuary estate by virtue of his Will. The only child of the deceased was estranged from his father and so disclaimed his entitlement to the residuary... Read More

Climate Change Litigation: Reshaping planning decisions across the UK and Ireland?

Are planning applications now at greater risk of legal challenge if they fail to address climate change?  Aoife Murray and Maria O’Loan discuss recent case law developments across the UK and Ireland and consider the implications for the development industry.   Key takeaways Courts are requiring more rigorous climate impact assessments in planning decisions. How... Read More

Landmark case of BDW Trading Limited v Ardmore Construction Limited [2024] opens the door for adjudications to be brought under the Defective Premises Act 1972

The recent England and Wales judgment of BDW Trading Limited v Ardmore Construction Limited which was handed down by the Technology and Construction Court (‘TCC’) has opened the door for adjudications to be brought for historical defects under the Defective Premises Act 1972 (the ‘DPA’). This case concerned the Crown Heights development in Basingstoke,... Read More

What’s changing in employment law in 2025?

Last year saw a number of changes in employment law. In Northern Ireland, the return of the Assembly was followed by the Good Jobs Employment Rights Bill Consultation. Labour returned to power in the UK general election and introduced a significant package of reforms in its Employment Rights Bill (ERB) that could fundamentally change employment... Read More

Revoking a Will: the method of destruction

The England and Wales High Court (EWHC) has recently heard the case where a 92 year old, Ms Carry Keats, partially tore up her will just weeks before her death in an attempt to revoke her will and therefore prevent certain family members from inheriting her £800,000 estate.   What does the Law say? In... Read More

Reasonable Adjustments and Royal Colleges: The Implications of Dr Karmakar’s Case

The recent case of Karmakar & Anor v Royal College of General Practitioners was a significant legal challenge to the policies and practices of the Royal College of General Practitioners (RCGP) regarding the Applied Knowledge Test (AKT), a mandatory exam for General Practitioners. The case was heard in the UK High Court in August 2024... Read More