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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

In brief: Dundas & Wilson demerger criticised

Edinburgh firm Brodies has publicly criticised rival firm Dundas & Wilson’s decision to demerge from its private client department. Its statement suggests that Dundas & Wilson, which is in merger talks with the Andersens legal network, was forced into a demerger because of the talks. Brodies’ statement reads: “Doubtless under pressure from their intended ‘owners’ […]

Litigation Personal Injury 01/04/97

Buck v Farrell – QBD 10 March 1997 Claimant: Samantha Buck, Incident: Road traffic accident Injuries: Claimant suffered multiple fractures, lacerations to her face and major brain injury when struck down by motorbike as she crossed Northumberland Avenue in central London. Frontal lobe brain damage has left her permanently impaired and there has been severe […]

Bar condemns 'offensive' advert in Pach handbook

AN ADVERT placed in the Pupillage Handbook by a leading set of chambers criticising the Bar’s controversial pupillage clearing house scheme has infuriated the Bar Council. In the advert, 2 Hare Court says it is not taking part in the Pach scheme because it is concerned that, in its current form, “it does not serve […]

New rules will not alter PFI liability

Chris Fogarty reports Council officers could still be financially liable for commercial ventures that fail, despite legislation which aims to clarify Private Finance Initiative (PFI) deals, Nabarro Nathanson partner and local government expert Ray Ambrose has warned. Recently, the courts have found several council officers personally liable for their part in PFI ventures that had […]

In brief: Scott promotes corporate litigators

Sir Richard Scott, the Head of Civil Justice and Vice Chancellor of the Supreme Court, has called for an end to the rule that all companies must have a lawyer to represent them in court. Scott told a conference, the Justice Forum, which was organised by court and civil service unions, that the costs of […]

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