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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

Ian Dove QC and Nina Pindham of No5 retain planning permission in Exeter

Ian Dove QC and Nina Pindham have helped Dart Properties to successfully retain its planning permission for land at Seabrook Orchards as Dukeminster’s appeal against this permission is dismissed. Dart Properties was granted planning permission in October 2013 to develop up to 700 dwellings and other buildings within the area. The claimant, Dukeminster, sought to challenge the […]

Public sector roundtable

Public sector roundtable: Authority figures

Facing a barrage of swingeing spending cuts, local government lawyers are adamant they will emerge stronger than ever The role of the UK’s public sector lawyer is about to change. Instead of bemoaning further cuts in spending – the deepest faced by British public services in more than 60 years – local authority legal teams […]

court

Commercial court costs budgeting to be raised to £10m

The £2m cost budgeting threshold for commercial cases in the UK courts has been raised to £10m, bringing a raft of civil cases under stricter budgeting measures. Following the year-long review of civil litigation costs by Lord Justice Jackson in 2010 a budgeting regime was introduced for cases valued under £2m across the Chancery, Mercantile […]

People

Trowers makes up smallest partner round in four years

Trowers & Hamlins has made its smallest promotions round in four years, making up four partners, down from seven the year before. It is a marked decrease on a high of 11 in 2012, when seven London partners were made up as well as one in the Middle East and Manchester (27 March 2012). The firm […]

Royal Courts of Justice

High Court upholds Withers prof neg claim, appeal planned

Withers is set to launch an appeal after being ordered to pay £1.6m in damages by the High Court. Mr Justice Nugee upheld one of four professional negligence claims against the firm, holding that an associate was ruled to have “misremembered what he had been instructed” or “misunderstood an instruction” when drafting an LLP agreement. […]

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