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The Lawyer Briefing: Tackling increased risk from criminal investigations
Written by Chris Daw QC, Sarah Clarke and Anthony Haycroft 

In the wake of the financial crisis, huge cuts in government spending took resources away from the police, HMRC, regulators and the SFO. There was a dramatic reduction in the largest criminal investigations of corporations and directors. The tide has now turned in the opposite direction, with a flood of sophisticated and well resourced regulatory and criminal investigations.

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Roberts v Johnstone is dead

John de Bono QC discusses the Lord Chancellor’s announcement that the discount rate would be revised from 2.5% to -0.75%. This clearly has major implications for the calculation of future losses and will lead to much higher awards and settlements than we have seen before.

Montgomery v Lanarkshire Health Board: transforming informed consent

Adrian Hopkins QC co-writes an article in the Bulletin of the Royal College of Surgeons concerning the landmark decision of the Supreme Court in Montgomery v Lanarkshire Health Board. The article was co-written by Angela Coulter, senior research scientist at the University of Oxford and Ben Moulton, senior vice-president of the Informed Medical Decisions Foundation, Boston, MA, US.

Employment Tribunal Litigation & the Police Regulations

In this paper Jonathan Davies explains the interaction of employment law and police regulations, setting out the differences between police employee and police office rights and how they are enforced, as well as setting out the procedure the Employment Tribunal follows and how that procedure may come into conflict with the Police (Conduct) Regulations 2012 and the Police (Performance) Regulations 2012.

Defining the PCP

In this paper Jonathan Davies sets out the purpose of the PCP (‘provision, criterion or practice’) and explains the practical issues and the case law defining the PCP.


Montgomery (Appellant) v Lanarkshire Health Board (Respondent) [2015] UKSC 11
On appeal from [2013] CSIH

John de Bono QC quoted in Parliamentary Inquiry report by Action Cerebral Palsy

Serjeants’ Inn silk quoted in Enabling Potential – Achieving a New Deal for Children with Cerebral Palsy, a report outlining the findings of a parliamentary inquiry into the cerebral palsies, the overall aim of which is to identify policy changes that could help the 30,000 children in the UK with cerebral palsies to achieve their full potential in life.