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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

Magistrates 'underfunded' says inspectorate report

THE TRAINEE Solicitors’ Group is supporting a proposal to hold admission ceremonies in regional centres as well as at Chancery Lane. The proposal – first raised by Law Society vice-president John Young – has recently been researched by the society. Its head of legal education Nick Saunders says a “prototype ceremony” will be held in […]

Cinema murder trial begins

The trial of David Lauwers, for the specimen murder of one of many businessmen who died in a London sex cinema fire, is scheduled to commence at the Old Bailey on 16 January.

Fundholding 'seriously flawed'

The Social Market Foundation’s “fundholders for justice” scheme for legal aid, currently being considered by the Government, is based on out-of-date statistics and contains “seriously flawed” analysis, says the Law Society. In a damning report, the society says the money-saving proposal would turn legal aid into “a lottery”. “Cash-limiting legal aid might be attractive to […]

Law fails to crush cartels

YOU MIGHT be forgiven for thinking that the decision of the House of Lords two weeks ago in the second Ready Mixed Concrete Case (In re Supply of Mixed Concrete (No. 2)) heralded a startling development in competition law. Your thinking might have been influenced by the speech of Lord Templeman, who described the fines […]

Law Soc edges towards curbs on conveyancing representation

THE LAW Society has moved a tentative step nearer to separate solicitor representation for borrower and lender in conveyancing matters. But council members, who took three hours to decide the issue last week, removed some of the proposal’s teeth, agreeing to “unrestricted joint representation of borrower and lender may in some circumstances no longer be […]

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