Fifth Ashursts partner defects

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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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Ian Dawson on controlling shareholders' employment rights

Ian Dawson is a partner in the employment department at Shulmans. A recent Court of Appeal decision brings good news for employees who are also controlling shareholders and who are seeking to recover money when the company becomes insolvent. The Court of Appeal held in Secretary of State for Trade and Industry v Bottrill that […]

Partners on the move…

Music lawyer Petra Williams joined Bird & Bird’s media and entertainment group last week. She was formerly a partner with Sheridans. Media litigator Paul Fox, formerly of David Price & Co, joined the partners at Henry Hepworth on 4 May. Fox is an expert in defamation and will join the firm’s media specialists. City firm […]

Ready to judge the Woolf reforms

Despite the fears of the legal profession, Judge Paul Collins is sure the judiciary is adequately prepared to take on the new system. Judge Paul Collins is director of studies at the Judicial Studies Board. It can be sniffed on the breeze – a whiff of unease emanating from lawyers all over the country – […]

Quote of the week

“There’s a saying: It’s better to be on the inside pissing out than on the outside pissing in. As far as I’m concerned, the council is just plain incontinent.” – Paul Gilbert, chairman of the Law Society’s Commerce and Industry Group and head of legal services at Cheltenham & Gloucester on the Law Society council’s […]

Eversheds' WWII drama

Eversheds has brought the 50-year mystery of a Dutch masterpiece looted from Germany at the end of the Second World War to an end. The case – which set precedents on the statute of limitations for the recovery of stolen art – finished with the payout of u1m costs to the German government and the […]

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