Sector Focus


Legal


Sponsored by: Thursfields Solicitors


Can I copy someone else’s terms and conditions…?


Ruling is clarity for ‘secondary victims’ of medical blunders


By Stuart Price, Director of Commercial Law


“No!” says director of Commercial Law at Thursfields Solicitors, Stuart Price. Copying someone else’s


terms and conditions is probably an infringement of someone else’s copyright. Terms and conditions are protected by copyright law in the same way as a book or a painting might be. Try copying a John Grisham novel and see how long it is before you get a “cease and desist” letter from his lawyer. What about the reputational


issues? Who could forget the Brexit story concerning Seaborne Freight who awarded a contract to provide freight services? It was reported that their terms and conditions invited its customers to “thoroughly check the supplied goods before agreeing to pay for any meal/order”. You will also be surprised at


the number of UK based businesses who, having copied someone else’s terms, expose themselves to litigation in California, having expressly said so in their terms. Terms and conditions form


the cornerstone of your relationship with your customers. It is worthwhile asking your solicitor to prepare a bespoke set of terms and conditions rather than face the consequences arising from copying someone else’s terms.


For advice please contact Stuart Price, Commercial Director, Thursfields Solicitors on 0121 227 3867 or sprice@thursfields.co.uk


56 CHAMBERLINK August/September 2020


A Midlands law firm has welcomed a ruling that ‘secondary victims’ of clinical negligence do not have to be present when a medical blunder happened. Adam Hodson, a clinical negligence specialist at law firm Sydney Mitchell, said that the ruling had ‘provided some welcome clarity and guidance as to when a secondary victim may be able to make a claim’. The new ruling has emerged


after a case involving the two young daughters of a man who collapsed and died of a heart attack nearly 15 months after, it was alleged, medics had failed to spot that he had coronary issues. The daughters claimed to have


suffered psychiatric injury as a consequence of witnessing their father's fatal collapse and brought claims for damages as ‘secondary victims’. The claim initially failed when the


court held that the daughters – aged nine and 12 at the time of the heart attack ‘event’ in January 2014 - were not in close proximity to their father at the time of the original problem, when medics failed to diagnose the man’s heart disease.


However, the Court of Appeal


has now overturned this, and Mr Hodson said: “Although each case will be determined on its own facts, the law as it presently stands means that secondary victims do not have to be present at the scene of the negligence, nor does the ‘event’ have to be proximate in time to that negligence.” Mr Hodson added that the ruling


was relevant to court cases involving ‘secondary victims’ dating from a hearing following the Hillsborough stadium tragedy (Alcock v Chief Constable of South Yorkshire Police), where 96 fans were crushed to death in scenes witnessed by friends and relatives. At the time, rulings were made


which defined who could make claims for psychiatric injury caused by witnessing such scenes, even though they were not necessarily directly involved themselves. The definitions involved are known as ‘control mechanisms’. Mr Hodson said that for 30 years


the law had ‘sought to constrain the ability of secondary victims’ to make personal injury claims. He added: “Over the years, the courts have strictly interpreted


Law firm is appointed as water firm’s adviser


Law firm Shakespeare Martineau has been appointed to Anglian Water Group’s legal panel of advisers. The firm will be advising Anglian Water on a


variety of matters relating to property, property litigation and planning. Anglian Water operates in the East of


England and – bizarrely - the northern outpost of Hartlepool, providing water and water recycling services to 6.8m people. The company also operates a number of


reservoirs, including Rutland Water, one of the largest man-made lakes in Europe. Janet James (pictured), partner and energy specialist at Shakespeare Martineau, said: “The water sector is one we’re really focused on at the firm and it’s a privilege to be working with Anglian. The company is involved in some incredibly innovative projects, including plans to achieve energy and carbon neutrality, and it will be fantastic to work with them and see these goals come to life. “We have a team full of positive, passionate people, all focused on


providing the best possible service to our clients. I think I speak for everyone when I say that we can’t wait to get started.” Shakespeare Martineau has energy and property specialists across


all of its offices in Birmingham. Nottingham, Leicester, London, Stratford-upon-Avon and Milton Keynes.


Andrew Hodson: secondary victim ‘clarity’


these ‘control mechanisms’ with the aim of limiting the numbers of claims that can arise from a single incident, and ensuring that only those with correct legal standing can claim. “The control mechanisms remain


the same as they have been for the past 30 years, but the interpretation of those control mechanisms and how they apply to clinical negligence cases of mistakes causing later injury, has helped provide some well needed clarity.”


Promotions at Clarke Willmott


A number of people in the family law team at Clarke Willmott have been promoted. The firm has announced that


partner and divorce specialist Chris Longbottom has been made national team manager, taking over from Rayner Grice, who has been elected to the management board. Elsewhere, Alastair MacLeod has


been promoted to partner in the Taunton office, and Sarah Marchant has been promoted to associate. The team has also added


partners Clare Webb, based in Bristol, and Sarah Wood-Heath, based in Southampton. Mr Longbottom said: “We have


strong specialist teams across the country and the latest re- organisation and promotions will serve to further position us as experts, particularly in complex or challenging cases.” Clarke Willmott has offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.


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