Exigent comes out fighting

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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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Punished, but for what?

Confusion over disciplinary judgments means lawyers can’t know right from wrong News last week that two Addleshaw Goddard partners had been fined £5,000 each by the Solicitors Disciplinary Tribunal was met with disdain – not because they were fined but because it is unclear what for. According to the firm, partners Emmett Peters and David […]

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CMS launches in Istanbul

CMS has launched an office in Istanbul, becoming the latest Western firm to establish a footprint in one of Europe’s fastest-growing economies. Partners Döne Yalçın and John Fitzpatrick are relocating to Istanbul to head up the new venture, which will also be staffed by a number of associates. The office will focus on project finance and […]

Argentina settles five investment treaty awards

Argentina has agreed a settlement relating to five investment treaty arbitration awards, made between 2005 and 2008, pursuant to which it was ordered to pay a total of more than $450m (£280m) plus interest.  The settlement involves the transfer of previously issued sovereign bonds to the award creditors in return for the discontinuance of all […]

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Portugal: Signs of hope

Privatisations and real estate offer optimism, as Portugal sets off on the long, hard road to recovery Last month Portugal announced its budget for 2014, showing GDP increasing by 0.8 per cent, the first sign of growth in the country since 2010. “Things will improve in 2014 – public spending is under control and the […]

ATE insurance premiums must relate to the cost exposure they purport to cover

One of the main Jackson reforms to affect civil litigation, which came into force in April 2013, was the abolition of the recoverability of after-the-event (ATE) insurance premiums and success fees in conditional fee agreements (CFAs) from the losing (paying) party. This applies to ATE policies and CFAs entered into after 1 April, save in relation […]

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