Battle in the High Court

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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

Andrew Parsons on professional negligence limitation.

Andrew Parsons is a barrister practising at Portsmouth Barristers’ Chambers. WHEN does the primary limitation period begin to run for a professional negligence action in the area of housing law? If a house purchaser intends to take action against an allegedly negligent surveyor or valuer who provides a mortgage valuation report for the mortgagee, does […]

ILA elects Lawrence Graham partner

THE INSOLVENCY Lawyers Association (ILA) has elected Lawrence Graham partner John Verrill as president. Verrill, former vice-president of the ILA and currently joint head of the Lawrence Graham insolvency group with Mike Stubbs, says this will be a “key year” for the corporate recovery market. Insolvency practitioners face major challenges, says Verrill. “Among them is […]

Law Soc plans advertising attack on legal aid changes

THE LAW Society is planning to attack the Government’s changes to legal aid, and the Access to Justice Bill, by launching an advertising campaign. David McNeill, head of press at the Law Society, says talks are underway with shortlisted advertising agencies. He says the focus of the campaign will be aimed the general public. “Legal […]

Law Soc slams proposals for trial-without-jury in EU fraud

Plans to introduce a special prosecutor and trial-without-jury for alleged fraud in the European Union have been branded unworkable by the Law Society. A damning Law Society report is due to be submitted to a House of Lords sub-committee looking into the European Commission proposals, known as corpus juris. Kingsley Napley partner Christopher Murray, who […]

BAe threatens unethical firms

British Aerospace (BAe) is demanding that firms prove a commitment to pro bono work, or risk being kicked off its panel. The blue chip client’s call comes as companies increasingly review law firms ethical behaviour. BAe legal director Stuart Caroll has written to the company’s panel firms asking them what pro bono work they are […]

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