Human rights on trial

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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

Protecting the debtor

Anne McGrath says insolvency law reform is still high up on the Government’s agenda. The Queen’s Speech has come and gone with n’er a royal whisper of the proposed reform of insolvency law, which Secretary of State for Trade and Peter Mandleson have been strongly pushing for. But the DTI has confirmed that it is […]

Quote of the week

Our idea of a holiday is taking a long weekend in any European city and visiting the art exhibitions.” Lord Irvine explains to readers of The Sun that really, he’s just like them.

Property battle lost

The international property battle arising out of the collapse of Asil Nadir’s Polly Peck empire has finally reached the House of Lords. However, it has ended in failure for four Greek Cypriot companies that had sought to sue the admin-istrators of Polly Peck International in the UK courts in respect of property in the unrecognised […]

Breaking down the barriers

The harmonisation of insolvency laws across Europe remains uncertain, write Howard Morris and Katharine Theobald. Howard Morris is a partner and Katharine Theobald a solicitor at Denton Hall. The idea of a European Convention on Insolvency Proceedings to harmonise substantive insolvency laws across Europe was first explored in 1960. On 23 November 1995, the convention […]

Solicitor advocates one-stop shop is a sham, says Swift

A leading silk last week attacked government plans to extend rights of audience for solicitors in the higher courts, insisting that in practice the one-stop shop is a sham. In June the Lord Chancellor, Lord Irvine, said all solicitors would be granted rights of audience on their first day of admission and legislation is expected […]

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