'Benefit tourist' case leaves legal loophole

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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 […]

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Pensions Act may trigger off 'CSA-type disaster'

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JP quits in protest over liability

A JP has resigned in protest amid rows about magistrates liability to pay damages and costs to defendants on appeal. The resignation of Lincolnshire-based JP Joanne Atkinson rocked the Magistrates’ Association annual general meeting. The resignation follows an award by Mr Justice Sedley against Lincoln magistrates – not including Atkinson – several weeks ago and […]

Litigation Recent Decisions 24/10/95

Intentional homelessness R v Barking and Dagenham London Borough Council Ex-parte Okuneye (1995) QBD (Sir Louis Blom-Cooper QC) 10/2/95. Summary: Application for judicial review of council decision that Nigerian woman was intentionally homeless within s.60 Housing Act 1985 by leaving her home in Nigeria to live with her betrothed in London.

Society finds 'nothing wrong' with names-for-cash scheme

NO ACTION is to be taken over the names-for-cash marketing controversy which prompted widespread ambulance chasing claims in the summer. But the Law Society has decided to tighten up conveyancing advertising rules to clamp down on unrealistically low quotes. The move comes amid calls for urgent action to put a stop to fee undercutting from […]

The Prejudice Barrier

Overcoming academic hurdles is an everyday occurrence in a student’s life, but overcoming prejudice can be more difficult. Those entering the legal profession often come up against discrimination because of their educational background, age or ethnic minority. Although some in-roads have been made with, for example the referral scheme launched on the initiative of the […]

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