Dispute over right of way

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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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Freshfields first to raid US firm in its own backyard

In the first major poaching raid on a US firm on its home soil, Freshfields has recruited four US-qualified partners from Milbank Tweed Hadley & McCloy to boost its New York and Washington DC offices. “This is the birth of Freshfields America,” said managing partner Ian Terry speaking from Washington DC. Terry has spent the […]

Cape Town takeover

South African firm Hofmeyr Herbstein Gihwala & Cluver has added 20-lawyer Cape Town-based Walkers to its growing national network. Hofmeyr will pick up Walkers’ clients like Old Mutual, one of the country’s largest insurance companies, which is in the process of demutualising.

Law Soc surrenders over SIF

The Law Society has caved in to overwhelming pressure from the City and signalled that law firms should be allowed to opt out of the Solicitors Indemnity Fund (SIF). The move, which SIF claims may threaten the fund’s viability, represents a major victory for the November Group of commercial firms which has been campaigning for […]

In brief: Grabiner latest to leave Dibbs after 10 years

Dibb Lupton Alsop has lost highly-rated property partner Martin Grabiner to rival Nabarro Nathanson. Grabiner is joining Nabarros’ Sheffield office on 1 October. His departure is the latest in a series of partner defections from Dibbs this year. He described his departure as “amicable”.

EU law plays happy families

Heather Swindells QC and Martine Kushner discuss the incorporation of the European Convention on Human Rights into UK domestic law, and outline its effects on family law. Heather Swindells QC and Martine Kushner are barristers at 36 Bedford Row. On 26 October 1997 the Government published its White Paper and Bill on the incorporation of […]

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