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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

Reputation is everything

The confidentiality of Jersey as a financial centre is occasionally questioned. This is especially true today, as differences between Jersey and UK law are brought into the public arena by cases involving disclosure of information under modern fraud legislation. Jersey lawyers have become familiar with names such as Norwich Pharmacal, Banker’s Trust and Anton Piller, […]

Stories of the privileged

The introduction of the Defamation Bill has been widely followed. But one often over-looked proposal is the suggested extension of the statutory reporting privilege, particularly as it relates to the affairs of public companies. The existing privilege is enshrined in the Defamation Act 1952 which relates to a fair and accurate report of proceedings at […]

IP expert moves to DJ Freeman

LEADING intellectual property lawyer Alex Carter-Silk, an expert in the field of fashion design protection, has joined DJ Freeman’s litigation team. Carter-Silk, formerly head of commercial litigation at Edward Lewis, said his departure from the smaller City practice was entirely amicable. He said the move to DJ Freeman presented a “huge opportunity” for him to […]

Far too important to warrant more delay

Lord Ackner has rightly posed the question on the delay in reaching a decision over rights of audience for employed solicitors. Almost a year has passed since the controversial advice given to Lord Mackay by the Lord Chancellor’s Advisory Committee on Legal Education and Conduct (Aclec). At that time the majority of the group rejected […]

Reporter faces jail for protecting sources

A case of major importance to the media is now pending in the High Court. It centres on the rights of journalists to protect sources of information. Former Newcastle-based Journal reporter Dani Garavelli, who now works for The Scotsman, faces a prison sentence for failing to reveal her sources of information after being subpoenaed to […]

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