2013: the year of panel reviews

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Latest Briefings

Consultation on two new consumer credit policies

By Rob Aberdein Following on from the recent budget, HM Treasury has published a consultation on two new consumer credit policies. The consultation builds upon the Government’s call for evidence which was concluded in January 2018 and on existing successful practice in the Scottish Debt Arrangement Scheme (DAS).  The consultation offers businesses and organisations on both […]

Application of QOCS to defendants counterclaiming in personal injury

By Rebecca Livesey In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders […]

One rating assessment to be applied to neighbouring floors occupied by same business

By Matthew Forrest Businesses operating across different floors of a building, or other separate but neighbouring units, are now more likely to have their premises assessed together for business rates. The Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 came into force on 1 November 2018.  The Act delivers on the […]

Austria adopts new environmental package

By Sandra Kasper, Philipp Strondl  On 25 October 2018 Parliament adopted a new comprehensive environmental package comprising: the Aarhus Participation Act; an amendment to the Environmental Impact Assessment Act; and an amendment to the Federal Environmental Liability Act.

Blog – Childbirth and primary victim claims for mothers

By John de Bono This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v. Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant […]

Recommended

Property update — November–December 2013: planning

Protective costs orders (PCOs) are a mechanism whereby the court can impose a limit on the actual or potential costs liability of a party. They are available in judicial review and statutory challenge proceedings, where a case before the courts is held to involve issues of general public importance and the public interest requires that […]

A fracking disaster or a load of hot air?

With the chancellor’s Autumn Statement confirming plans that some say will make the UK tax regime for shale gas the most competitive in Europe, the spotlight is again on this hotly debated and fiercely disputed topic. Hydrochloric fracturing, or fracking, is the process by which shale gas is extracted from the ground by drilling bore […]

A little More London for St Martins

Think you’ve spent a fortune on your Christmas shopping? Perhaps spare a thought for Kuwaiti property company St Martins. Last week it was announced that the business had been on quite a spree, popping City law and finance hub More London into its festive shopping bag. The London Bridge development, home to Ernst & Young, […]

Luxembourg legal update — December 2013

Arendt & Medernach has released its Luxembourg legal update for December 2013.  Contents Update of the CSSF’s FAQ on securitisation — AIFM Law and securitisation vehicles Civil proceedings in Luxembourg more expedient EMIR — a labyrinth of new requirements not only for financial counterparties Reporting obligations under Alternative Investment Fund Managers Directive (AIFMD) Proposal for […]

Saving defective notices: when a non-specific letter can be a termination notice

Paul Scott In Vivergo Fuels Ltd v Redhall Engineering Solutions Ltd, the Technology and Construction Court found that a letter could constitute a valid notice notifying a breach even if it did not expressly refer to the relevant contractual provisions. It is a generally accepted principle that minor defects in a notice will not necessarily […]

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