Tughans Solicitors

Kinsella v Carter: Irish High Court clarifies the scope of psychiatric injury claims in medical negligence

The recent High Court decision in Kinsella v Carter may prove to be one of the most significant developments in Irish healthcare litigation in recent years. The Court held that a spouse who developed PTSD after witnessing the immediate aftermath of a catastrophic medication overdose negligently administered in hospital could recover damages for that psychiatric... Read More

Introduction of the Renewable Electricity Generation Bill in Northern Ireland

The long-awaited Renewable Electricity Generation Bill (the Bill) was introduced to the Northern Ireland (NI) Assembly earlier this week. The introduction of this Bill is an important milestone for developers and investors looking for a route to market for new NI renewable projects, particularly given the absence of a support mechanism for renewables in NI... Read More

Spain, Zimbabwe and the Supreme Court on sovereign immunity and ICSID enforcement

The UK Supreme Court’s decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. and Republic of Zimbabwe v Border Timbers Ltd UKSC 9 is now the leading UK authority on the interaction between ICSID arbitration and sovereign immunity.   Background: The ICSID Framework ICSID is the International Centre for Settlement of Investment Disputes.... Read More

Tax and environmental liability: who pays when waste gets stuck

A recent Tribunal (Tax) case, Nuttall and another v HMRC UKFTT 674 (TC), raises some very practical issues about what can happen to waste, and to those storing it, when the party responsible becomes insolvent. As well as providing a helpful overview of landfill tax liability, the decision serves as a cautionary tale for... Read More

The High Court applies the brakes on insolvency investigatory powers in Re Eversholt Rail (365) Limited

The High Court’s decision in Re Eversholt Rail (365) Limited EWHC 101 (Ch) is a timely reminder that even the widest insolvency investigatory powers are not without limits.   The case arose from the liquidation of a classic project style special purpose vehicle. Eversholt Rail (365) Limited had no employees, no independent systems and,... Read More

New Approach to Automatic Suspensions under Procurement Act 2023

The judgement in ParkingEye Ltd v Velindre University NHS Trust & Cardiff and Vale University Health Board (handed down on 1 May 2026) has been received as a significant shift in how courts will approach interim relief in public procurement challenges under the Procurement Act 2023 and is being greeted as a positive development by... Read More

The ninth circle of climate hell: Why the baseline matters (and why NI’s s.52 may bite harder)

For anyone involved in environmental and planning law, getting a major project to consent can sometimes feel like a journey through Dante’s Inferno, one circle after another. It is exactly that imagery that Humphreys J reached for in a recent Irish High Court decision: if we’re heading for the “ninth circle of climate hell”, the... Read More

Revocation of CLEUDs: Court of appeal clarifies limits and process

Ocean One Hundred Ltd, R (On the Application Of) v New Forest National Park Authority EWCA Civ 493 concerns a rare step in planning law: the revocation of a Certificate of Lawfulness of Existing Use or Development (CLEUD). The certificate, granted in 2008, related to use of land in the New Forest National Park... Read More

Reluctant employee witnesses: balancing legal risk and employee relations

Employment disputes often create practical challenges for employers where internal relationships collide with the demands of litigation. Particular difficulty arises when an employer must rely on employee witness evidence in tribunal proceedings, but the employee is personally conflicted about giving it. This article considers how employers can balance the need to protect their legal position... Read More

Causation is still key: Lessons from LXLP v St George’s

The High Court’s decision in LXLP v St George’s University Hospitals NHS Foundation Trust EWHC 560 (KB) provides a clear illustration of the central importance of causation in clinical negligence claims, even where elements of substandard care are admitted. The claim arose from antenatal care provided in April and May 2016 following a diagnosis... Read More